Justice Manual § 9-21.410

Upon the submission of a Witness Security Program application for an illegal alien, the sponsoring attorney and/or investigative agency must obtain from the Department of Homeland Security, Immigration and Customs Enforcement (DHS ICE) appropriate documents which authorize the prospective witness and family members to remain in the United States and facilitate relocation by the USMS out of the State in which they registered. Program candidates who are illegal aliens cannot be relocated by the USMS until all DHS ICE requirements are satisfied and necessary documents have been provided to OEO or the USMS. In cases where the DHS ICE procedure to legalize the alien's status may require a lengthy time period, the sponsor or agent should secure from the DHS ICE a letter of intent to change the witness's status as part of the requirements for relocation under the Program. Excludable alien witnesses who do not need the protective services of the USMS, but who need to remain in the United States, should have their sponsoring government attorneys apply for S Visa classification (see JM 9-72.000 S VISA Program), if the alien qualifies, instead of seeking assistance from the Witness Security Program.