According to 8 CFR 287.4A, who is responsible for issuing subpoenas?

The responsibility for issuing subpoenas, according to 8 CFR 287.4A, lies with the Special Border Patrol Agent (SBPA). This regulation explicitly grants the authority to SBPAs to issue subpoenas during the performance of their duties, particularly in relation to enforcement actions concerning immigration laws.

The role of the SBPA is critical in the immigration law enforcement process as they have the jurisdiction to compel the production of evidence or the appearance of witnesses, which is vital for investigations and proceedings under the immigration regulatory framework. This helps to ensure that the enforcement actions are conducted within the bounds of legal protocols and due process.

Immigration judges, while they have a role in presiding over immigration hearings and making rulings, do not issue subpoenas in the same manner as SBPAs. The nature of the regulatory framework delineates specific duties and powers, assigning subpoena authority distinctively to SBPAs for particular enforcement purposes.