Of fice of Detention

II lId R I!I1I0 1'a i

Op erations

I I.S. Departm ent of lI omclamJ Sec urlrj:
01 25 I itreet. N\\ '
Washington. DC 205.36

u.s. Immigration
and Customs

Enforcement
January 9. 2 0

Assi tam Director

Deputy . isu m Din: t r.
Field Office Dire lor.
Deputy Field ffice Di
FR .1 :

BJ · T:

Ii 'y

Thi mern randum amends the .Iune 21. 2007 M die, I Es ort P licy JO\ erning medical e cort for
detainee who are removed from the .. by .. . Immigrati nand 'ust m Enforcement (I E.

EO'c rive immediate!.. Detent ion and R moval penni n (DR ) Field Ifi es may no long r
reque t a medi 411 escort from the Division of Immigration Health ervices (DIH ) in order to
dmi ni t r inv lunt ry edation to facilitate an alien's removal unlc s the Government has obtained
an order authorizing edation from a Federal Di trier ourt. DII I may only involuntarily sedate an
alien to fa ilitate removal where the Govern ment has obtained a cour t order as provided above.
There re no exceptions to this policy. Emergency or exigent circumstances are 110t grounds lo r
depa rture from this policy.
L

In seeking authorization to involuntarily sedate an alien lo r purpo es or remo val, the Government
will a k the court to find that involuntary adrnini tration f the particular drug(s) to the particular
alien i both necessary to effectuate removal and medically appro] rime. In upport of its appl ication
for a c urt rdcr. the Government \ ill offer evidence that the alien has a history of exercising
phy ical r i ranee 10 being remove d, or that the lien pre nts, or will likely pre cnt. a danger to
him elf or her elf. I' to others during the removal proce. .. Th
overnme nt will also pre ent
evide nce from a medical d ctor that admini uraiion r the partic ular drug t the specific alien i
rn Ii ally, ppropriate. In such a pr ceeding the Governmen t will r .ommend that the court appoi nt
coun el or the alien. where the alien is not rcpr cntcd by oun d or i unabl to retain coun el.
The Field ffi emu I first rcquc t appr val from the 0 tention -lanagemern Division's nil Chief
for 011 I to pu ue court order requesting authorizati n for in oluntary edation . The Field om e
rdinat with it corresponding Ifice of hid" .oun I and 10 al nited tales
hall a1
Anorneys ffi e in applyi ng for court authorization.

Amended Medical Escort Policy
Page 2

This policy applies whenever the Govemment seeks to remove an alien by aircraft whether on a
commercial, charter, JPATS, or other flight. This policy does not apply to aliens whose medication
is administered pursuant to a previously prescribed course of therapeutic treatment.