Purpose and policy within regionalization program
- The circular amends the implementing guidelines governing the BI Regionalization Program Rules.
- The circular refines how mission orders, detention/deportation process documents, and verification of immigration status are handled under the regionalization framework.
- The circular adjusts administrative control over immigration-related operations (airport, seaport, and border crossing activities) within the regional structure.
Key amendments to Mission Orders
- Rule V, Section 11, paragraph [c] of Memorandum Circular No. MCL-09-005 is amended to provide that, except for mission orders for verification of immigration status of fugitives from justice, INTERPOL cases, and special cases (as determined by the Commissioner), the Executive Director may issue a mission order against a foreigner for other violations of immigration laws.
- The Executive Director issues such mission orders upon favorable recommendation by the IAD.
- Mission orders for other violations are subject to terms and conditions imposed under existing applicable laws, rules and regulations.
- The Mission Order must contain the following details and information:
- (1) NAME/S OF THE MEMBERS OF THE ENFORCEMENT TEAM
- (2) NAME/S OF THE SUBJECT/S OF THE MISSION ORDER, including alias/es, if any, and nationalities
- (3) LAST KNOWN ADDRESS/ES AND/OR LOCATION OF THE SUBJECT/S
- (4) NUMBER AND DATE OF ISSUE OF THE MISSION ORDER
- (5) DUTIES OF THE ENFORCEMENT TEAM
- (6) VALIDITY OF THE MISSION ORDER OF SEVEN (7) DAYS FROM DATE OF ISSUE
Requirements for detention and deportation
- Rule V, Section 11, paragraph [g] of Memorandum Circular No. MCL-09-005 is amended to prohibit committing a foreigner for detention or deporting the foreigner unless supported by the proper written authority.
- A foreigner subject of a mission order shall not be committed for detention unless supported by a Commitment Order issued by the Commissioner or by the Commissioner’s duly authorized representative.
- A foreigner subject of a mission order shall not be deported unless supported by a Warrant of Deportation issued by the Commissioner or by the Commissioner’s duly authorized representative.
Signature and issuance authority for commitment documents
- Paragraph [h] is added to Section 11 of Rule V of Memorandum Circular No. MCL-09-005.
- A Commitment Order or Warrant of Deportation, other than for the purpose of respectively detaining or deporting fugitives from justice, INTERPOL cases, and special cases (as determined by the Commissioner) must be signed and issued within the regional area structure.
- For these other cases, the Immigration Area Director signs and issues the Commitment Order or Warrant of Deportation within his/her Area of Responsibility (AOR) in Immigration Area Offices III and IV (National Capital Region–North and National Capital Region–South).
- For these other cases, the Executive Director signs and issues the Commitment Order or Warrant of Deportation, upon the recommendation of the IAD for the said areas.
Verification of immigration status by invitation
- Section 12-A is added under Rule V and establishes Verification of Immigration Status procedures.
- When the nationality and/or immigration status of a foreigner cannot be duly ascertained from available databases in the Bureau of Immigration, the Executive Director may issue an invitation.
- The invitation requires the foreigner to appear on a specific time and date before the IAD having jurisdiction of his residence, address or location.
- The appearance is for the purpose of positive and accurate determination of the foreigner’s nationality and/or immigration status.
- The invitation also informs the foreigner of the adequate immigration requirements, procedures and remedies necessary and applicable under the circumstances.
Control over airport and border operations
- Rule VII, Section 16 [a] of Memorandum Circular No. MCL-09-005 is amended.
- Airport operations, bay service, and border crossing activities continue to exercise the Bureau’s mandated functions, duties and responsibilities.
- Airport operations, bay service, and border crossing activities are placed under the control and supervision of the Immigration Regulation Division (IRD).
Effectivity and administrative filing
- The circular takes effect immediately upon approval and posting in the official BI Website.
- Copies must be filed with the Office of the National Administrative Register (ONAR), U. P. Law Center, U. P. Diliman, Quezon City, Philippines.