The Civil Rights Division and the United States Attorneys’ Offices will work as partners to ensure a vigorous national civil rights enforcement program. The purpose of this chapter is to provide guidance to the United States Attorneys and the Criminal Section of the Civil Rights Division in carrying out their responsibilities in the investigation and prosecution of violations of criminal civil rights statutes in a manner that (1) encourages initiative on the part of individual United States Attorneys’ Offices and draws upon their litigation expertise and knowledge of the local community; and (2) utilizes the trial expertise and institutional knowledge of the Criminal Section of the Civil Rights Division. Cooperative prosecutions and investigations utilizing attorneys from both the Criminal Section and the United States Attorneys’ Offices can be particularly successful and can provide valuable benefits in the enforcement of these statutes. When it is appropriate for either the Civil Rights Division or a United States Attorney’s Office to act independently on a matter in a particular district, the office initiating the activity should ensure that the other office is notified in advance. Specifically, prior to initiating any significant activity in a district, the Civil Rights Division shall provide notice to the designated contact attorney for the United States Attorney’s Office. Similarly, United States Attorneys’ Offices shall advise the Civil Rights Division of matters not already being monitored by the Civil Rights Division that appear likely to result in inquiries to the Civil Rights Division.

United States Attorneys’ Offices and attorneys from the National Security Division should consult with the Civil Rights Division in any case involving an act of domestic terrorism in which the underlying incident was motivated in whole or in part (or is suspected of being motivated in whole or in part) by one of the bias motivations listed in any federal hate crime statute, 18 U.S.C. §§ 245, 247, 249 or 42 U.S.C. § 3631. The Civil Rights Division should also be consulted on any domestic terrorism case in which the underlying act was motivated in whole or in part by the perpetrator’s views or beliefs about reproductive health services, as such motivation falls under Freedom of Access to Clinic Entrances, 18 U.S.C. § 248, enforced by the Civil Rights Division.

[updated March 2018]