CBP

This report offers DHS OIG’s initial observations on the PACR and HARP programs based on our March 2020 visit to the El Paso, Texas area and analysis of data and information provided by CBP and USCIS headquarters.  We determined that CBP rapidly implemented the pilot programs and expanded them without a full evaluation of the pilots’ effectiveness.  Additionally, we determined there are potential challenges with the PACR and HARP programs related to how aliens are held and provided access to counsel and representation, and how CBP and USCIS assign staff to program duties and track aliens in the various agency systems.  We made six recommendations to improve PACR and HARP program implementation.  DHS did not concur with five of the six recommendations, stating that lawsuits and the COVID-19 pandemic had, in effect, ended the programs.  We reviewed evidence provided by CBP and concluded the lawsuits themselves did not terminate the PACR and HARP pilot programs.  Therefore, the recommendations remain open and unresolved.  If the programs resume, we plan to resume actual or virtual site visits and issue a report detailing DHS’ full implementation of the PACR and HARP pilot programs.

In 2018, senior DHS and U.S. Customs and Border Protection (CBP) leaders issued public statements urging undocumented aliens seeking asylum to enter the United States legally at ports of entry, while also directing ports of entry to focus on other priority missions and institute practices to limit the number of undocumented aliens processed at ports of entry.  CBP Office of Field Operations (OFO) personnel at 24 Southwest Border ports of entry implemented a practice known as queue management, where an officer manned a “limit line” position at or near the U.S.-Mexico border to control the number of undocumented aliens entering the port.  We identified that seven of these ports stopped processing virtually all undocumented aliens, including asylum seekers, by redirecting them to other ports located miles away.  This redirection contravenes CBP’s longstanding practice to process all aliens at a “Class A” port of entry or reclassify the port of entry.  Additionally, CBP officers at four ports returned undocumented aliens to Mexico despite a legal requirement to process asylum claims of aliens that are physically present in the United States.  We made three recommendations aimed at bringing CBP’s practices in line with Federal law and regulations and promoting efficient processing of undocumented aliens.  CBP concurred with two of the recommendations and did not concur with one.  CBP defended its decision to redirect undocumented aliens at seven ports citing the availability of operational capacity and resources and the need to maintain a discretionary balance between mission requirements at each port.

DHS has not effectively managed and coordinated Department resources for its Joint Task Forces (JTFs).  Specifically, DHS has not maintained oversight authority through changes in leadership, implemented and updated policies and procedures, identified optimal JTF staffing levels and resources, and established a process to capture total allocated costs associated with JTFs.  In addition, DHS has not fully complied with public law requirements to report to Congress on JTFs’ cost and impact, establish outcome-based performance metrics, and establish and maintain a joint duty training program.  We recommended the DHS Secretary designate a department-level office to manage and oversee JTFs and address public law requirements.  We made seven recommendations to improve DHS’ management and oversight of its JTFs and ensure compliance with legislative requirements.  DHS provided a management response, but declined to comment, since the Acting Secretary is currently reviewing the status and future of the JTFs