Immigration and Customs Inspectors State-specific Regulations
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Jan 13, 2024

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20 Min Read

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1. What are the most common duties and responsibilities of Immigration and Customs Inspectors in your state?


The specific duties and responsibilities of Immigration and Customs Inspectors may vary slightly from state to state, but some common ones include:

1. Enforcing immigration and customs laws: Immigration and Customs Inspectors are responsible for enforcing the laws and regulations related to immigration and customs in their jurisdiction.

2. Border control and inspection: One of the primary responsibilities of an Immigration and Customs Inspector is to inspect individuals, vehicles, and luggage at ports of entry into the country. They verify documents, conduct interviews, and search for contraband or prohibited items.

3. Conducting surveillance: Immigration and Customs Inspectors may be involved in conducting surveillance operations at border crossings or other points of entry to prevent illegal activities such as smuggling or trafficking.

4. Investigating potential violations: If there is suspicion that someone has violated immigration or customs laws, an inspector will initiate an investigation by interviewing witnesses, conducting searches, and collecting evidence.

5. Issuing visas: In many cases, an Immigration Inspector is responsible for reviewing visa applications and making decisions on whether to approve or deny them based on eligibility criteria.

6. Interacting with immigrants: Inspectors may also interact with immigrants who are seeking entry into the country or who have already entered unlawfully. They may interview them to gather information about their status or assist them in submitting applications for legal status.

7.Law enforcement collaboration: Immigration inspectors often work closely with other law enforcement agencies such as local police departments, the Department of Homeland Security, and U.S. Citizenship and Immigration Services to identify potential threats to national security or public safety.

8. Maintaining databases: To track individuals entering and leaving the country, inspectors must maintain accurate records in various databases.

9.Training programs: Inspectors may also conduct training programs for other officers to keep them updated on new laws, procedures, techniques for identifying fraudulent documents or criminal activity.

10.Community outreach: Some states require inspectors to engage in community outreach programs to educate the public about immigration and customs laws and regulations.

2. How do state-specific regulations impact the day-to-day operations of Immigration and Customs Inspectors?

State-specific regulations can impact the day-to-day operations of Immigration and Customs Inspectors in a number of ways. Some potential impacts include:

1. Enforcement: Each state may have its own unique laws and regulations regarding immigration and customs issues, such as requirements for different types of visas or rules for conducting inspections at ports of entry. Inspectors must be familiar with these state-specific regulations in order to properly enforce them.

2. Collaboration with local law enforcement: Immigration and Customs Inspectors often work closely with local law enforcement agencies in their daily operations. State-specific regulations may affect how these partnerships are formed and what types of activities inspectors can engage in when working with local authorities.

3. Training: State-specific regulations may require additional training for Immigration and Customs Inspectors in order to effectively carry out their duties. For example, some states may have specific language proficiency requirements for inspectors who frequently interact with non-English speakers.

4. Processing procedures: Different states may have specific procedures for processing immigration-related paperwork or conducting custom inspections. Inspectors must be aware of these differences to ensure compliance with state laws and avoid delays or mistakes in processing.

5. Response to emergencies or crises: In the event of a natural disaster, public health emergency, or other crisis, state-level regulations may impact how Immigration and Customs Inspectors respond and provide aid to affected individuals.

Overall, state-specific regulations can influence the day-to-day interactions, responsibilities, and procedures performed by Immigration and Customs Inspectors as they fulfill their duties to enforce immigration and customs laws at the state level.

3. Are there any unique challenges that Immigration and Customs Inspectors face in your state due to these regulations?


Some unique challenges that Immigration and Customs Inspectors may face in my state due to these regulations include:

1. Border security issues: My state is located on the southern border of the US, so Immigration and Customs Inspectors here must work closely with other law enforcement agencies to prevent illegal crossings and trafficking of drugs, weapons, and people.

2. Diversity of languages and cultures: My state is home to diverse immigrant communities from different countries, meaning that Immigration and Customs Inspectors need to be proficient in a variety of languages and familiar with different cultural norms and customs in order to effectively communicate with individuals from these communities.

3. Limited resources: Due to the high number of immigration cases in my state, there may be limited resources available for conducting thorough screenings and processing cases efficiently. This could lead to delays in visa approvals or potential security risks slipping through the cracks.

4. Political pressure: Given the current political climate surrounding immigration policies, there may be increased scrutiny and pressure on Immigration and Customs Inspectors to enforce strict regulations and quotas set by higher authorities.

5. Dealing with emotional situations: Immigration can be a sensitive topic for many individuals, particularly those who are separated from their families or facing deportation. Immigration and Customs Inspectors may encounter emotional situations while dealing with these cases, which requires a level of empathy and sensitivity while still carrying out their duties.

6. Navigating changing regulations: With constantly evolving immigration regulations at both the federal and state levels, Immigration and Customs Inspectors in my state must stay updated on any changes that may impact their daily work or the outcomes of certain cases they are handling.

4. How have state-specific regulations evolved over the years for Immigration and Customs Inspectors?


State-specific regulations for Immigration and Customs Inspectors have evolved significantly over the years, particularly in response to changes in immigration laws and policies. Some key changes and developments include:

1. Creation of the Department of Homeland Security (DHS): In 2003, the DHS was created as a result of the September 11 attacks. This brought together various agencies responsible for border security, including the former Immigration and Naturalization Service (INS) which was responsible for immigration enforcement.

2. Implementation of the USA PATRIOT Act: The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act was enacted in 2001 in response to the terrorist attacks. This law expanded the powers of immigration officers to detain and remove suspected terrorists, among other things.

3. Introduction of biometric technology: State-specific regulations have evolved to incorporate the use of biometric technology such as fingerprint scanners and facial recognition systems at ports of entry. This allows inspectors to verify the identity of travelers more accurately.

4. Changes in immigration policies: State-specific regulations have been impacted by changes in immigration policies, particularly under different presidential administrations. For example, during President Obama’s administration, there was an emphasis on prioritizing deportations of convicted criminals over undocumented immigrants with no criminal record.

5. Increased training on discrimination prevention: In recent years, state-specific regulations have emphasized the importance of preventing discrimination against individuals based on race, ethnicity, religion or national origin during immigration inspections.

6. Collaboration with local law enforcement: Some states have implemented regulations that allow for collaboration between local law enforcement agencies and federal immigration authorities to identify individuals who are in violation of immigration laws.

Overall, state-specific regulations for Immigration and Customs Inspectors continue to evolve as immigration policies and practices change at both the federal and state levels.

5. Can you provide an example of a recent change in state regulations that has affected the work of Immigration and Customs Inspectors?


In July 2020, the state of California passed a law (AB 3239) that prohibits immigration officials from accessing any non-public area of a courthouse without a judicial warrant. This law aims to protect undocumented individuals who may be seeking legal assistance or appearing in court for other matters from being questioned or detained by ICE officers.

As a result, Immigration and Customs Inspectors in California are now required to obtain a judicial warrant before conducting enforcement actions at courthouses, such as arresting someone who is attending a hearing. This change in state regulations has affected the work of Immigration and Customs Inspectors, as it limits their ability to carry out arrests and apprehensions within courthouses without a warrant. It also requires them to coordinate with local law enforcement and court officials to execute any enforcement actions.

This change in state regulations has sparked controversy, with supporters arguing that it protects the rights and safety of immigrants, while opponents argue that it hinders the ability of immigration officials to enforce federal immigration laws. Overall, it has added another layer of complexity for Immigration and Customs Inspectors in carrying out their duties within California’s jurisdiction.

6. In your opinion, do these regulations help or hinder the efficiency of Immigration and Customs Inspectors in your state?


It depends on the specific regulations and how they are implemented and enforced. Generally speaking, regulations can help ensure consistency and fairness in the immigration system, which can ultimately contribute to the efficiency of Immigration and Customs Inspectors. However, overly burdensome or restrictive regulations can create additional obstacles for inspectors and slow down their processes. It is important to strike a balance between effective regulation and allowing inspectors to carry out their duties efficiently.

7. Are there any specific skills or qualifications required by state regulations for individuals to become an Immigration and Customs Inspector?


Yes, there are specific skills and qualifications required by state regulations for individuals to become an Immigration and Customs Inspector. These may include:

1. Education: Most states require individuals to have at least a high school diploma or GED certificate to become an Immigration and Customs Inspector. Some states may also prefer candidates with a bachelor’s degree in criminal justice, homeland security, or a related field.

2. Citizenship: State regulations usually require individuals to be U.S. citizens to become an Immigration and Customs Inspector.

3. Age requirement: Many states require candidates to be at least 21 years old to become an Immigration and Customs Inspector.

4. Background check: State regulations typically require all applicants to undergo a thorough background check, including a criminal record check, before being considered for the position.

5. Physical fitness: Some states may have physical fitness requirements for individuals applying for the role of Immigration and Customs Inspector.

6. Written examination: Before being hired, candidates may be required to pass a written examination that tests their knowledge of immigration laws, customs regulations, and other relevant topics.

7. Oath of office: State regulations may require individuals to take an oath of office before they can begin working as an Immigration and Customs Inspector.

8. Language proficiency: As the job involves interacting with people from different countries, some states may require candidates to be proficient in a foreign language such as Spanish.

9. Training: Most states have training requirements that must be met before an individual can become an Immigration and Customs Inspector.

10. Other skills and qualifications: Additional skills such as communication, critical thinking, attention to detail, problem-solving abilities, and sound judgment may also be required by state regulations for individuals seeking this position.

8. How do these regulations compare to federal laws governing Immigration and Customs Inspectors?


The regulations governing Immigration and Customs Inspectors (ICIs) are similar to the federal laws governing CBP officers, but there are some key differences. Both professions fall under the umbrella of U.S. Customs and Border Protection, which is a federal agency within the Department of Homeland Security.

One major difference is that CBP officers primarily work at ports of entry, while ICIs have broader authority to conduct inspections anywhere within 100 miles of a U.S. border or coastline. This includes conducting checkpoints and roving patrols in areas that are not considered ports of entry.

In terms of qualifications, both professions require candidates to be U.S. citizens and pass a rigorous background check, but ICI applicants must also have a valid driver’s license and be able to speak and write fluently in English.

In terms of responsibilities and duties, CBP officers are primarily responsible for enforcing immigration laws at ports of entry, including inspecting individuals entering the country to ensure they meet all legal requirements for admission. On the other hand, ICIs have a broader range of responsibilities, including enforcing customs laws as well as immigration laws within their designated jurisdiction.

There are also some differences in training requirements for these two positions. CBP officers must complete a 17-week training program at the Federal Law Enforcement Training Center (FLETC), while ICIs receive their training through Basic Academy Training Programs specific to their geographic location.

Overall, both positions operate under federal laws and regulations designed to protect national security and enforce immigration and customs laws at U.S. borders and coastlines. However, ICIs have broader authority and responsibilities due to their role in protecting areas outside of designated ports of entry.

9. Are there any significant differences in regulations between states, or are they generally consistent across the country?


There are significant differences in regulations between states, particularly in areas such as taxation, labor laws, and environmental regulations. Many of these differences are due to the fact that states have the power to create their own laws within their borders, and as a result, regulations can vary significantly from state to state. Additionally, federal regulations may also differ from state to state depending on the specific needs and characteristics of each state. Overall, while there are some commonalities in regulations across the country, there are also many significant differences that reflect the unique needs and priorities of each state.

10. How do local laws impact the work of Immigration and Customs Inspectors in your state?


Local laws may impact the work of Immigration and Customs Inspectors in a few ways:

1. Collaborations with local law enforcement agencies: In some states, local law enforcement agencies have entered into agreements with Immigration and Customs Enforcement (ICE) for collaboration on certain immigration-related matters, such as sharing information and resources. This can impact the work of Immigration and Customs Inspectors by allowing them to access local databases and support from local law enforcement.

2. Sanctuary policies: Some states and cities have implemented sanctuary policies that limit the cooperation between local law enforcement agencies and ICE. This can make it more difficult for Immigration and Customs Inspectors to obtain information or assistance from these agencies in their investigations.

3. Legal jurisdiction: Local laws may impact the ability of Immigration and Customs Inspectors to conduct certain operations or make arrests within their jurisdiction. For example, some cities have passed ordinances that prohibit local police from inquiring about a person’s immigration status unless required by federal or state law.

4. Access to detention facilities: In some states, there are restrictions on who is allowed to enter a detention facility without proper authorization. This may affect the ability of Immigration and Customs Inspectors to carry out their duties at these facilities.

5 .Employment regulations: Local laws related to labor laws, minimum wage, working conditions, etc., may impact how employers treat immigrant employees within a state. This could potentially influence the types of cases that Immigration and Customs Inspectors handle regarding immigration violations in the workplace.

6. Human trafficking laws: Many states have specific human trafficking laws aimed at identifying victims, prosecuting traffickers, and preventing future trafficking incidents. These laws may intersect with immigration issues, as many victims of human trafficking are immigrants. Immigration and Customs Inspectors may work closely with state authorities in order to identify potential victims or investigate suspected trafficking cases.

7. State-funded benefits for undocumented immigrants: Some states provide funding for certain services and benefits to undocumented immigrants. This may impact the work of Immigration and Customs Inspectors by potentially providing avenues for fraud or exploitation.

8. Immigrant-friendly policies: A growing number of cities and states have implemented policies aimed at protecting immigrant communities and their rights, such as ensuring access to education and healthcare regardless of immigration status. These policies may limit the cooperation between local agencies and ICE, potentially impacting the work of Immigration and Customs Inspectors in these areas.

9. Driver’s license requirements: Some states have implemented laws that allow undocumented immigrants to obtain driver’s licenses. This can affect the ability of Immigration and Customs Inspectors to verify an individual’s identity during traffic stops or other encounters with law enforcement.

10. Anti-discrimination laws: Many states have anti-discrimination laws that protect individuals from discrimination based on their nationality or immigration status. Immigration and Customs Inspectors must be aware of these laws and ensure they do not engage in any discriminatory actions while carrying out their duties.

11. Are there any particular regions within your state where inspectors face more challenges due to immigration or customs-related issues?


Yes, there are certain regions within the state where inspectors may face more challenges due to immigration or customs-related issues. These include border towns or cities that are located near international borders, as well as areas with a high concentration of immigrants or refugees.

In these regions, inspectors may encounter a larger number of individuals who have crossed the border illegally or do not have proper documentation. This can lead to increased scrutiny and potential confrontations between inspectors and individuals attempting to enter the country without proper authorization.

Additionally, in regions with a high immigrant population, there may be cultural and language barriers that make it more difficult for inspectors to communicate with and understand individuals they encounter during inspections. This can lead to misunderstandings and delays in the inspection process.

In both cases, inspectors must navigate through complex immigration and customs regulations while also maintaining safety and security. It is important for inspectors working in these regions to receive adequate training on cultural sensitivity and effective communication techniques to address these challenges.

12. Have there been any recent controversies or debates surrounding state-specific regulations for Immigration and Customs Inspectors?


Yes, there have been several controversies and debates surrounding state-specific regulations for Immigration and Customs Inspectors in recent years. Here are a few examples:

1. Sanctuary cities: There has been ongoing debate over whether local jurisdictions should be allowed to limit cooperation with federal immigration authorities, becoming known as “sanctuary cities”. Supporters of these policies argue that they help protect undocumented immigrants from potential deportation, while opponents argue that it undermines federal immigration enforcement.

2. Travel ban: In 2017, the Trump administration issued a travel ban on citizens from several majority-Muslim countries. While this directly affected travelers and visa applicants, it also put additional pressure on immigration officials to enforce the ban and caused significant unrest at airports across the country.

3. Separation of families: The policy of separating immigrant families at the US-Mexico border sparked widespread controversy and outrage in 2018. Many state lawmakers introduced legislation to prevent their states’ resources from being used to enforce such policies.

4. State-specific immigration laws: Several states have passed their own laws related to immigration enforcement, which often sparked legal challenges and heated debates. For example, Arizona’s SB1070 law, which required law enforcement officers to check the immigration status of people they stop or detain if they suspect them of being in the country illegally, faced multiple legal challenges before being partially struck down by the Supreme Court.

5. Secure Communities program: This program, which required state and local law enforcement agencies to share fingerprints and other data with ICE for anyone who was arrested or booked into custody for any reason (not just suspected of a criminal offense), has been widely criticized by immigrant rights groups for leading to increased deportations and separating families.

These are just a few examples of controversies and debates surrounding state-specific regulations for Immigration and Customs Inspectors that have received significant attention in recent years.

13. Do these regulations undergo regular updates or amendments, or are they more static in nature?


Regulations can undergo regular updates or amendments, but this can vary depending on the specific regulation and governing body. Some regulations may be regularly reviewed and updated to reflect changes in the industry or society, while others may remain static for longer periods of time. In most cases, any major updates or amendments to regulations will go through a formal process of review and public comment before being implemented.

14. Are there any partnerships or collaborations between federal agencies, such as ICE, and local agencies when it comes to enforcing immigration and customs laws?


Yes, there are partnerships and collaborations between federal agencies and local agencies when it comes to enforcing immigration and customs laws. These can include Joint Terrorism Task Forces, where federal agencies such as Immigration and Customs Enforcement (ICE) work with local law enforcement to identify and investigate potential terrorist threats. Additionally, some local law enforcement agencies have agreements with ICE through the 287(g) program, which allows designated officers to perform certain immigration enforcement functions under the supervision of ICE. There are also task forces focused on specific issues, such as human trafficking or drug trafficking, that involve collaboration between federal and local agencies.

15. What is the role of state regulations in addressing issues such as illegal immigration or human trafficking?


State regulations play a crucial role in addressing issues such as illegal immigration and human trafficking. These regulations can range from laws and policies related to identification documents, employment, public benefits, and law enforcement actions.

In terms of illegal immigration, state regulations often focus on identifying and prosecuting individuals who are in the country without proper documentation. This may involve working closely with federal agencies like Immigration and Customs Enforcement (ICE) to identify and detain undocumented immigrants.

Additionally, state regulations may also impact access to public benefits for undocumented immigrants. Some states have implemented stricter guidelines for accessing benefits such as healthcare or education, which can make it more difficult for undocumented immigrants to receive these services.

In cases of human trafficking, state regulations can address the issue through various means including:

1. Criminalizing human trafficking: States can enforce strict penalties for those involved in human trafficking activities. This includes punishing not only traffickers but also those who knowingly engage in purchasing victims for sexual or labor exploitation.

2. Protection of victims: State regulations can provide protections for victims of human trafficking by ensuring that they are not criminalized or deported for their involvement in the crime. State laws may also require victim-centered protocols and specialized services for survivors.

3. Prevention efforts: States can implement regulations aimed at preventing human trafficking by educating communities about warning signs and resources available to victims. They may also require certain businesses (such as hotels) to undergo training on how to identify and report potential cases of human trafficking.

Overall, state regulations play a critical role in addressing illegal immigration and human trafficking by creating laws and policies that deter these activities, protect victims, and support prevention efforts. However, effective solutions often require collaboration among federal agencies, state governments, non-governmental organizations, and law enforcement entities at all levels.

16. How does training differ for Immigration and Customs Inspectors based on state-specific regulations?


Training for Immigration and Customs Inspectors (ICIs) may differ based on state-specific regulations in a few key ways:

1. State laws and immigration policies: Each state has its own regulations and laws related to immigration and customs enforcement, so ICIs need to be trained on these varying policies to effectively carry out their duties. This could include training on state-specific immigration procedures, relevant state laws, and any local partnerships or initiatives.

2. Language skills: States with larger immigrant populations may have specific language requirements for ICIs. For example, states with significant Spanish-speaking communities may require that ICIs are proficient in Spanish. In these cases, training may include language courses or proficiency tests as part of the overall training program.

3. Cultural competency: Similarly, states with diverse immigrant populations may have unique cultural considerations that must be taken into account during interactions with individuals from different backgrounds. ICI training in these states may include cultural competency training to help them better understand and communicate with immigrants from different cultures.

4. Collaboration with local agencies: Some states have close partnerships between immigration agencies and local law enforcement agencies, while others do not. Training for ICIs in these states may focus on developing effective collaboration skills and understanding the roles and responsibilities of each agency when carrying out joint operations.

5. Handling specific cases: Certain states may have higher rates of specific types of immigration or customs violations, such as human trafficking or drug smuggling. Training for ICIs in these states may include specialized courses on how to handle these types of cases effectively.

Overall, while there are federal standards that all ICIs must meet through their initial basic training programs, additional state-specific training can help ensure that they are prepared to carry out their duties effectively within the context of their assigned state’s regulations and policies.

17. Is there a difference in pay scales for inspectors depending on which state they are stationed in?


Yes, pay scales for inspectors can vary depending on the state they are stationed in. This is due to factors such as cost of living and demand for inspectors in that particular area. Some states may offer higher pay rates to attract more qualified candidates and maintain staffing levels. However, pay scales are typically determined by the federal government and are uniform across all states within a specific agency or department, such as the USDA or FDA.

18. How do state laws impact the detention and deportation process for individuals found to be in violation of immigration or customs laws?


State laws can impact the detention and deportation process for individuals in violation of immigration or customs laws in several ways:

1. Cooperation with ICE: Some states have agreements or policies in place that require state and local law enforcement agencies to cooperate with Immigration and Customs Enforcement (ICE). This means that these agencies may be required to notify ICE when they encounter an individual who is believed to be in the country unlawfully, detain them on behalf of ICE, or share their personal information with ICE.

2. Sanctuary city/state policies: On the other hand, some states have enacted “sanctuary” policies that limit cooperation between state and local law enforcement agencies and federal immigration authorities. These policies may prohibit state and local officials from asking about an individual’s immigration status,limiting resources or information sharing with federal immigration authorities, or refusing to detain individuals for immigration purposes.

3. State-level immigration offenses: Some states have also passed laws that create additional offenses related to unauthorized presence in the country or other immigration violations. These state-level offenses can result in individuals being detained by state authorities and potentially handed over to ICE for deportation proceedings.

4. Access to legal rights and representation: State laws also play a role in providing access to due process rights for individuals facing removal proceedings. For example, some states have enacted measures that allow undocumented immigrants access to driver’s licenses, which can be used as a form of identification during interactions with law enforcement. Other states have allocated funding for legal representation for immigrants facing deportation proceedings.

5. Detention facilities: State laws can also impact the detention of immigrants by regulating the conditions of detention facilities within their borders. For example, some states require their facilities to meet certain standards regarding health care, safety, and access to legal services for detainees.

Overall, state laws can influence how undocumented immigrants are identified, detained, and possibly deported within the state’s jurisdiction. However, ultimately it is federal immigration policy that determines the procedures and outcomes of deportation proceedings.

19. Have there been any significant changes in state regulations for Immigration and Customs Inspectors following recent shifts in federal immigration policies?


Yes, there have been several significant changes in state regulations for Immigration and Customs Inspectors following recent shifts in federal immigration policies. Here are some examples:

1. Sanctuary Policies: Many states, cities, and counties have adopted “sanctuary” policies that limit cooperation between local law enforcement agencies and federal immigration authorities. These policies vary from place to place, but they generally prohibit police officers from asking about a person’s immigration status or detaining individuals solely for immigration violations.

2. Non-cooperation with ICE: Some states have also passed laws or enacted policies that restrict law enforcement agencies from cooperating with Immigration and Customs Enforcement (ICE) in certain situations. For example, some states allow local officials to refuse to honor ICE detainers, which are requests from the agency to hold immigrants in custody for up to 48 hours after their release from jail.

3. Limits on Detention: Several states have passed laws limiting the length of time that an individual can be held in detention by ICE without a warrant or other court order. This is often referred to as a “bond” or “bail” provision.

4. Driver’s Licenses: Some states have expanded access to driver’s licenses for undocumented immigrants. This allows immigrants to legally drive and obtain car insurance, making roads safer for everyone.

5. In-State Tuition: A number of states offer discounted in-state tuition rates at public colleges and universities to undocumented students who meet certain criteria.

Overall, these state regulations aim to protect immigrant communities and limit the involvement of local law enforcement in federal immigration enforcement efforts. However, there has been pushback from some federal authorities who argue that these laws hinder their ability to enforce immigration laws effectively.

20. In the future, do you foresee any potential updates or amendments to state-specific regulations for Immigration and Customs Inspectors in your state?


It is always possible for state-specific regulations to be updated or amended in the future, particularly in regards to immigration and customs inspections. However, any changes would depend on ongoing developments at the federal level and the state’s priorities and policies. Additionally, public input and feedback would also play a role in shaping potential updates or amendments to these regulations.

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