1300 Pennsylvania Avenue, NW
Washington, DC 20229

U.S. Customs andBorder Protection
Commissioner

MEMORANDUM FOR:See Distribution

FROM:

Troy A. Miller
Senior Official Pet;t!lillH-mr
U.S. Customs anotection

SUBJECT:

Family Separations Based on an Articulable Threat to the Safety ofthe Child

JUl_05 2824
Commissioner

The CBP Family Unity Policy, signed December 11, 2023, states that," ... CBP, in consultation
with [the Office of Refugee Resettlement (ORR)], will develop guidance for CBP personnel touse in assessing whether a separation is warranted due to a child having been or is being abusedor if a parent or legal guardian presents an articulable threat to the safety of the child." Thepurpose of this memorandum is to provide CBP personnel the required guidance pertaining to- family separation determinations based on an articulable threat to the safety of a child, includingchild abuse. Additionally, this guidance is issued consistent with the stipulated settlementagreement in Ms. L v. ICE, 3: 18-cv-00428 (December 11, 2023).
CBP agents and officers may separate parents or legal guardians from their minor child(ren)when CBP determines based on articulable fact(s) that a parent or legal guardian presents a threat
to the safety of the child(ren). A threat to the safety of the child(ren) is defined as a threat to lifeor health to the extent that injwy or harm may be likely if the child(ren) were returned to or left
in the custody of his or her parent or legal guardian. Whether a parent or legal guardian presents
a threat to the safety of their child(ren) must be assessed on a case-by-case basis by CBP agentsand officers, with involvement of the CBP Office of Chief Medical Officer (OCMO), as outlinedin this guidance.
CBP personnel may not employ a presumption of a threat to the safety of a child(ren) based on
the following:• A parent or legal guardian's past criminal or immigration history.
• A parent or legal guardian's perceived or actual mental illness, disability, or functionalimpairment.
CBP agents and officers will utilize their training and experience to determine whether there is areasonable basis to believe that the parent or legal guardian's conduct or behavior presents anarticulable threat to the safety of their child(ren). Examples of articulable threats to the safety ofthe child(ren) may include, but are not limited to:•Parent/legal guardian's statements or actions indicate an articulable threat to the safety of
their child(ren).

Family Separations Based on an Articulable Threat to the Safety of the Child
Page 2•Child(ren)'s statements indicate an articulable threat by their accompanying parent/legalguardian.
• Child(ren) 's physical presentation indicates suspicious or concerning signs of seriousharm and/or acute injury, such as abnormal bruising, bleeding, bums, fractures, orwounds that are or can be reasonably attributed to the parent/legal guardian that cannot
otherwise be explained.
• Child(ren) is demonstrating behaviors that cause suspicion that the parent/legal guardianposes an articulable threat to their safety.

Initial Steps:
If, during a CBP agent or officers direct interactions with the family unit 1, the CBP agent orofficer believes the parentAegal guardian presents an articulable threat to the safety of thechild(ren), they must take immediate action to:1) Ensure the· safety of the child(ren). Following the identification of an articulable threat
to the safety of a child(ren), CBP agents and officers should take action to ensure thesafety of the child(ren), including, as appropriate, temporarily holding the parent/legal
guardian in a separate location from the child(ren) pending review and approval of aseparation request.
2) Refer child(ren) for medical evaluation. Consistent with agency policy, the CBP agent
or officer shall refer the impacted child(ren) to receive a medical evaluation, either by anon-site advanced practice medical service contract provider or at a hospital or medical
treatment facility. In locations with Border Health System providers to conduct thisevaluation, the results of the medical evaluation must be documented in the CBPElectronic Medical Record (EMR) as an "Encounter" consistent with operational
procedure. 2 If there is alleged sexual abuse, CBP shall follow the requirements of 6C.F.R. Part 115 (DHS PREA Standards).
Separation Procedures:
After completing the Initial Steps listed above, ifthe CBP agent or officer believes, based on
their training, experience, and the specific circumstances of the case that a separation due to anarticulable threat to the safety of the child(ren) may be warranted, the CBP agent or officer must
follow the process outlined below to initiate a family separation request.
All documentation pertaining to separations, to include all supporting evidence, emails, andappropriate medical documentation, must be documented in the relevant case processing system,
consistent with applicable policies and procedures.
1) Document the articulable threat. CBP agents and officers must document the specificfacts of the case and any information provided from the medical evaluation, that support
the presence of an articulable threat to the safety of the child. This must include, but is
not limited to:
1 Interactions with the family unit should be conducted in the child and/or parent/legal guardian's primary language
wherever possible and appropriate translation services should be utilized in compliance with applicable policy (CBP
Language Access Directive 2130-031 ). This includes the Health Intake Interview Questionnaire (CBP 2500).
2In instances where a medical evaluation is conducted by non-contracted medical personnel and/or at an external
hospital or medical facility, the results of the medica I evaluation must be entered into the system of record consistent
with operational procedure.

Family Separations Based on an Articulable Threat to the Safety of the Child
Page 3a. What is the relevant background infonnation on the family unit and their specificsituation (age, relationship, time in custody, etc.)?
b. What is the threat to the child(ren)'s safety?
c. What statements or actions of the parent/legal guardian or statements, physicalpresentation, and/or behaviors of the child(ren) support the presence of thisthreat?
d. What was the outcome of the medical evaluation conducted (or mental evaluation,if applicable)?
e. Is there any other infonnation or extenuating circumstances OCMO should beaware of?
2) Provide information to CBP OCMO. CBP agents and officers must provide thisinfonnation to OCMO for review. This infonnation should be relayed to OCMO
to obtain a consultation andtelephonically via
recommendation from the Chief Medical Officer (CMO) or his/her federal designee(hereinafter "desi gnee"), per CBP policy.
3) Review by CBP OCMO. The CMO or designee will promptly review the relayed
infonnation pertaining to the articulable threat to the safety of the child(ren) and provide
relevant medical expertise and, as appropriate, may consult child welfare experts.
OCMO review should occur as soon as practicable and no later than 4 hours after receipt
of infonnation from the CBP agent or officer. Once OCMO review is complete, theCMO or design ee will send an email narrative with a clinical recommendation about theseparation based on the data available and a rationale to the appropriate point of contact.
The rationale must include any pertinent medical and child welfare infonnation deemednecessary for the operational component's decision-making on the separation.
4) Submit a separation request. If the CBP agent or officer determines after consulting
the CMO or designee that a separation is warranted, the CBP agent or officer may submit
a separation request to component-designated field leadership at the GS-14 level orabove. A separation request based on an articulable threat to the safety of the childshould be submitted utilizing the process outlined below. For additional guidance, pleasereference the CBP Family Unity Policy.
• The separation request must contain a clear and concise narrative providing
sufficient facts for an independent decision-maker to understand the basis for theproposed separation, OCMO's emailed recommendation and rationale, and any
appropriate medical documentation.
• OCC review, if sought, shall be noted in the separation request, and any legal
advice provided should be recorded.
• All separations must be reported as significant incidents in accordance with current
operational guidance.
5) Operational Determination. CBP agents or officers may proceed with theseparation after obtaining final approval by component-designated field leadership at theGS-14 level or above. The final separation decision must be captured within theseparation request along with the name of the approver, consistent with the CBP Family
Unity Policy and operational procedure.

Family Separations Based on an Articulable Threat to the Safety of the Child
Page4
Special Circumstances
In the rare instance that OCMO is unable to provide a recommendation within 4 hours and there
is concern that the child(ren)'s time in custody may extend considerably beyond 72 hours, CBPagents and officers may proceed with the separation request without OCMO 's review. If OCMO
was unable to review, CBP agents and officers must indicate this in the separation request alongwith the reasoning.
CBP agents and officers may utilize their law enforcement discretion based on their training andexperience when determining an articulable threat. If a situation arises in which OCMO 'srecommendation does not align with the operational determination, the CBP agent or officer
may, at their discretion, submit the separation request to component-designated field leadershipfor review. CBP agents and officers must document this rationale in the separation request.
Training
Consistent with CBP Family Unity Policy, CBP agents and officers will be required to takeannual training related to this guidance.

Distribution: Acting Deputy Commissioner
Acting Chief Operating Officer
All Executive Assistant Commissioners
Chief, U.S. Border Patrol
Chief Counsel
Chief Financial OfficerAssistant Commissioner, Congressional Affairs
Assistant Commissioner, Office of Professional Responsibility
Assistant Commissioner, Public Affairs
Assistant Commissioner, Office of Intelligence
Executive Director, Policy Directorate
Executive Director, Trade Relations
Executive Director, Privacy and Diversity
Executive Director, Intergovernmental Public Liaison
Director, Executive Secretariat
Chief of Staff
Deputy Chief of Staff