(2) Deadly force.
(i) Deadly force is any use of force that is likely to cause death or serious physical injury.
(ii) Deadly force may be used only when a designated
immigration officer, as listed in
paragraph (a)(2)(iii) of this section, has reasonable grounds to believe that such force is necessary to protect the designated
immigration officer or other persons from the imminent danger of death or serious physical injury.
(iii) The following
immigration officers who have successfully completed
basic immigration law enforcement training are hereby authorized and designated to exercise the power conferred by section 287(a) of the
Act to use deadly force should circumstances warrant it:
(A) Border patrol agents;
(B) Air and marine agents;
(C) Special agents
(D) Deportation officers;
(E) Detention enforcement officers or immigration enforcement agents;
(F)
CBP officers;
(G) Supervisory and managerial personnel who are responsible for supervising the activities of those officers listed above; and
(H)
Immigration officers who need the authority to use deadly force under section 287(a) of the
Act in order to effectively accomplish their individual missions and who are designated, individually or as a class, by the
Commissioner of
CBP, the Assistant Secretary/Director of
ICE, or the Director of
USCIS.