Before conducting an interview to gather intelligence, what must you first do?

The correct answer is that you must distinguish between criminal and administrative proceedings before conducting an interview to gather intelligence. This step is crucial because the nature of the proceedings dictates the protocols you must follow during the interview process, including the legal rights of the subject and the implications of their statements.

In the context of immigration enforcement, understanding whether the situation pertains to criminal charges or administrative violations is fundamental in determining the rights of the individual being interviewed. For instance, in criminal proceedings, the subject may have the right to legal counsel present during the interview, while the nuances of administrative proceedings may not require the same considerations. This distinction helps ensure that the process is conducted fairly and legally, as well as allowing for appropriate questioning strategies that align with the type of proceedings.

Understanding the nature of proceedings is also vital in collecting reliable intelligence, as it affects how information can be interpreted and used later in possible enforcement actions or legal contexts. This foundational knowledge sets the stage for a lawful and effective interview process.