(a) Violations of standards for enforcement activities. Alleged violations of the standards for enforcement activities established in accordance with the provisions of § 287.8 shall be investigated expeditiously consistent with the policies and procedures of the Department of Homeland Security and pursuant to any guidelines issued by the Secretary.
(b) Complaints. Any persons wishing to lodge a complaint pertaining to violations of enforcement standards contained in § 287.8 may contact the Department of Homeland Security, Office of the Inspector General, 245 Murray Drive—Building 410, Washington, DC, 20548, or telephone 1-800-323-8603. With respect to employees of the former INS, persons may contact the Office of Internal Audit, Bureau of Immigration and Customs Enforcement, 425 I Street NW., Washington, DC, 20536.
(c) Expedited processing of complaints. When an allegation or complaint of violation of § 287.8 is lodged against an employee or officer of the Department, the allegation or complaint shall be referred promptly for investigation in accordance with the policies and procedures of the Department. At the conclusion of an investigation of an allegation or complaint of violation of § 287.8, the investigative report shall be referred promptly for appropriate action in accordance with the policies and procedures of the Department.
(d) Unsubstantiated complaints. When an investigative report does not support the allegation, the employee or officer against whom the allegation was made shall be informed in writing that the matter has been closed as soon as practicable. No reference to the allegation shall be filed in the official's or employee's official personnel file.
(e) Jurisdiction of Department of Justice organizations. Nothing in this section alters or limits, is intended to alter or limit, or shall be construed to alter or limit, the jurisdiction or authority conferred upon the Federal Bureau of Investigation, the United States Attorneys, the Criminal Division or the Civil Rights Division, or any other component of the Department of Justice that may have jurisdiction regarding criminal violations of law.
[68 FR 35281, June 13, 2003]
Notes of Decisions
Cited in
29
cases (
25 in the last 5 years), 2000–2026 · leading case:
Egbert v. Boule, 596 U.S. 482 (2022).
Egbert v. Boule, 596 U.S. 482 (2022).
· cites it 4× “” 8 CFR §§287.10 (a)–(b). Boule claims that this regulatory grievance pro- cedure was inadequate, but this Court has never held that a Bivens alternative must afford rights such as judicial review of an adverse determination.”
De La Paz v. Coy, 786 F.3d 367 (5th Cir. 2015).
· cites it 4× “8 C.F.R. § 287.10 (a). Complaints that agents violated the INA or standards of conduct “shall be referred promptly for investigation” and that investigation must occur “expeditiously.”
Hernandez v. Causey, 124 F.4th 325 (5th Cir. 2024).
· cites it 2× “Alternative remedies existed for the plain- tiff in Egbert: under 8 C.F.R. § 287.10 , the Department of Homeland Security was required to “investigate[] expeditiously” any “[a]lleged violations of the standards for enforcement activities” reported by “[a]ny persons wishing to…”
Navarrette v. Dep't of Homeland Sec. (S.D. Cal. 2023).
· cites it 4× “Specifically, with respect to Plaintiff’s claim that Defendant falsified the 24 field test results showing that the substance in his trunk tested positive for MDMA, the 25 Department of Homeland Security is required to investigate any such alleged violations of 26 the standards…”
Stine v. Merrell (D. Ariz. 2023).
· cites it 3× “” 8 C.F.R. §§ 287.10 (a)–(b). the Court's precedents, a court may not fashion a Bivens Boule claims that this regulatory grievance procedure was remedy if Congress already has provided, or has authorized inadequate, but this Court has never held that a Bivens the Executive to…”
Firdos Sheikh v. Usdhs (9th Cir. 2024).
· cites it 3× “Third, as the district court correctly recognized, the existence of two alternative remedial structures weighs against extending Bivens here: (1) DHS’s requirement under 8 C.F.R. § 287.10 to investigate alleged violations of the standard for enforcement activities and (2) the…”
Hammond v. Acerno (E.D. Pa. 2025).
· cites it 3× “Defendants point to 8 C.F.R. §§ 287.10 (a)–(b), which require that DHS investigate “alleged violations of the standards for enforcement activities” by U.”
Daniel Frias v. Arturo Torrez (5th Cir. 2015).
· cites it 4× “8 C.F.R. § 287.10 (a). Complaints that agents violated the INA or standards of conduct “shall be referred promptly for investigation” and that investigation must occur “expeditiously.”
Bivens v. McGaugh (D. Colo. 2022).
· cites it 2× “at *8 (quoting 8 C.F.R. §§ 287.10 (a)-(b)) (alterations in original), was an alternative available remedy that foreclosed a Bivens cause of action for the bed and breakfast owner.”
Urmancheev v. United States (S.D. Cal. 2025).
· cites it 2× “Under 8 C.F.R. § 287.10 (a), “[a]lleged violations 11 of the standards for enforcement activities established in accordance with the provisions of 12 § 287.”
— 8 C.F.R. § 287.10(b) — 1 case
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