Which specific forms are listed as “probative evidence” in ICE LOP 16001.2 and how are they defined?

1. What the directive means by “probative evidence” — documentary indicia, not conclusive proof

The policy explains that “probative evidence” consists of documents and indicia that are likely to assist ICE personnel in finding there is some probative evidence of U.S. citizenship — in other words, items that make citizenship more likely but do not automatically establish it; the directive expressly states that indicia are not conclusive evidence of citizenship ^{[1] [2]}. This mirrors broader administrative-evidence practice in immigration contexts, where probative value is assessed for relevance, credibility, and weight rather than treated as dispositive (see USCIS discussion of relevance and probative value) ^{[4] [5]}.

2. ICE and legacy forms singled out as evidentiary markers in the directive

The directive names particular agency records as part of the universe of evidentiary indicators — the publicly available excerpts specifically reference ICE investigative and intake documents, including Form I‑213 (the “Record of Deportable/Inadmissible Alien”) and the former Form I‑247 (Immigration Detainer – Notice of Action) as examples of forms that can contain probative information about citizenship or identity ^{[1] [2]}. The directive assigns investigative and oversight responsibilities across ICE components (OPLA, ERO, HSI) when such indicators are present, signaling that these forms carry operational weight even if they are not definitive proof ^[1].

3. Documentary categories the directive treats as probative (as described in the directive)

Beyond agency forms, the directive groups “documentary evidence” and “indicia” broadly — categories that typically include birth certificates, passports, naturalization or citizenship certificates, and other government-issued identity documents — as the kinds of items ICE will evaluate for probative value (the directive frames these as indicia rather than conclusive documents in the excerpts) ^{[1] [2]}. This general treatment aligns with how administrative bodies evaluate evidence: officials consider whether a document is relevant and what weight it deserves in light of authenticity and corroboration ^{[4] [5]}.

4. How the directive describes evaluation and agency response when probative evidence appears

ICE’s procedure ties the identification of probative evidence to operational obligations: when documentation or agency records suggest possible U.S. citizenship, Headquarters components and field offices have specified responsibilities to investigate or refer the matter — indicating that probative evidence functions as a trigger for further review, cross-checks, or legal assessment rather than immediate deprivation of rights ^{[1] [2] [3]}. The directive’s emphasis on roles for OPLA, ERO, and HSI underscores internal coordination when such evidence surfaces ^[1].

5. Limits of available reporting and alternative perspectives

Publicly available snippets and ICE-hosted copies of 16001.2 name examples and categories but the excerpts in the materials provided do not present a single, exhaustive enumerated list in the snippets reviewed here; therefore, the precise, line‑by‑line inventory of every form or document labeled “probative” must be confirmed by consulting the full directive text on ICE’s site ^{[2] [3]}. Civil‑liberty advocates caution that reliance on agency records as “probative” can produce false positives if documents are outdated or erroneous; defenders of the policy argue the directive merely ensures coordination when credible indicators of citizenship appear ^{[1] [2]}.

Exact verification: for a definitive, exhaustive list and the directive’s formal definitions, the raw text of Directive 16001.2 on ICE’s document repository should be consulted directly ^{[2] [3]}.