Immigration

ICE has taken various actions to prevent the pandemic’s spread among detainees and staff at their detention facilities. At the nine facilities we remotely inspected, these measures included maintaining adequate supplies of PPE such as face masks, enhanced cleaning, and proper screening for new detainees and staff. However, we found other areas in which detention facilities struggled to properly manage the health and safety of detainees. For example, we observed instances where staff and detainees did not consistently wear face masks or socially distance. In addition, we noted that some facilities did not consistently manage medical sick calls and did not regularly communicate with detainees regarding their COVID-19 test results. Although we found that ICE was able to decrease the detainee population to help mitigate the spread of COVID-19, information on detainee transfers was limited. We also found that testing of both detainees and staff was insufficient, and that ICE headquarters did not generally provide effective oversight of their detention facilities during the pandemic. Overall, ICE must resolve these issues to ensure it can meet the challenges of not only the COVID-19 pandemic, but future pandemics as well. We made six recommendations to improve ICE’s management of COVID-19 in its detention facilities. ICE concurred with all six recommendations.

 Although ICE had controls in place that required Capgemini Government Solutions, LLC to provide qualified labor, ICE did not properly construct or monitor the contract.  This occurred because ICE awarded a firm-fixed-price contract but required a labor-hour performance measurement to monitor and track work hours, which was not appropriate for this type of contract.  The contractor also did not provide the number of staff ICE required for specific labor categories.  As a result, ICE cannot ensure it received all services, and it overpaid $769,869 in labor costs.  Finally, ICE did not ensure the contractor met statement of work requirements for staff skill sets, education, and work experience, nor did it ensure all contractor staff worked at the designated place of performance

We identified deficiencies in E-Verify’s processes for confirming identity during employment verification.  E-Verify’s photo matching process is not fully automated, but rather, relies on employers to confirm individuals’ identities by manually reviewing photos.  We attribute these deficiencies to USCIS not developing or evaluating the plans and internal controls needed to improve its processes and detect, track, and investigate system errors.  Until USCIS addresses E-Verify’s deficiencies, it cannot ensure the system provides accurate employment eligibility results.  We made 10 recommendations to improve E-Verify’s accuracy, internal controls, and workload capabilities.  USCIS concurred with all 10 recommendations.

During our unannounced inspection of Adams in Natchez, Mississippi, we identified violations of ICE detention standards that threatened the health, safety, and rights of detainees.  Although Adams generally provided sufficient medical care, we identified one case in which the medical unit examined a sick detainee but did not send the detainee to the hospital for urgent medical treatment, and the detainee died.  We also found the medical unit did not document outcomes of detainee sick calls or ensure proper review and follow-up of detainee test results.  In addressing COVID-19, Adams took some measures to prevent the spread of COVID-19, but detainees did not consistently follow some guidelines, including use of facial coverings and social distancing, which may have contributed to repeated COVID-19 transmissions.  Adams did not meet standards for classification, grievances, segregation, or staff-detainee communications.  Specifically, we discovered a low custody detainee comingled with higher custody detainees, and found the facility did not always identify detainees with special vulnerabilities or those requiring translation services.  Adams also did not respond timely to detainee grievances and was not consistently providing required care for detainees in segregation including access to recreation, legal calls, laundry, linen exchange, mail, legal materials, commissary, law library, and to ICE forms and drop-boxes for detainees to make requests.  In addition, ICE did not consistently respond to detainee requests timely.  Finally, we determined the declining detainee population at Adams resulted in ICE paying more than $17 million for unused bed space under a guaranteed minimum contract.  We made seven recommendations to ICE’s Executive Associate Director of Enforcement and Removal Operations (ERO) to ensure the New Orleans ERO Field Office overseeing Adams addresses identified issues and ensures facility compliance with relevant detention standards.  ICE concurred with all seven recommendations.

DHS issued notices to appear (NTA), to MPP participants that were mostly accurate and in accordance with laws and regulations.  However, some NTAs were completed inaccurately.  Specifically, of our sample of 106 NTAs from February 2019 through April 2020, U.S. Customs and Border Protection (CBP) served 20 that did not meet legal sufficiency standards or contained inaccurate information.  However, CBP agents and officers documented proactively issuing 105 of 106 NTAs in our sample in person before returning migrants to Mexico.  If CBP serves a legally insufficient NTA, U.S. Immigration and Customs Enforcement cannot prosecute its removal case if a migrant fails to appear for the initial hearing.  Serving NTAs by mail to migrants in Mexico could result in migrants missing their hearings or the Government’s cases being dismissed or challenged.  We recommended that CBP’s Executive Director of the Office of Field Operations’ Admissibility and Passenger Programs and the Deputy Chief of Border Patrol’s Law Enforcement Operations Directorate develop procedures for quality control and supervisory review of NTAs for MPP enrollees to better ensure that officers and agents fill out the NTAs accurately and completely.  We made one recommendation to improve the accuracy and completeness of NTAs issued to MPP participants.  CBP non-concurred with the recommendation due to it being overcome by events when the program was terminated by the Secretary of Homeland Security on June 1, 2021.  We administratively closed the recommendation.

U.S. Immigration and Customs Enforcement (ICE) did not adequately identify and track human trafficking crimes.  Specifically, ICE Homeland Security Investigations (HSI) did not accurately track dissemination and receipt of human trafficking tips, did not consistently take follow-up actions on tips, and did not maintain accurate data on human trafficking. These issues occurred because HSI did not have a cohesive approach for carrying out its responsibilities to combat human trafficking. We made one recommendation to improve ICE’s coordination and human trafficking efforts to assist victims. ICE concurred with our recommendation.

We determined that before July 12, 2018, migrant parents did not consistently have the opportunity to reunify with their children before removal.  Although DHS and ICE have claimed that parents removed without their children chose to leave them behind, there was no policy or standard process requiring ICE officers to ascertain, document, or honor parents’ decisions regarding their children.  As a result, from the time the Government began increasing criminal prosecutions in July 2017, ICE removed at least 348 separated parents without documenting whether those parents wanted to leave their children in the United States.  In fact, ICE removed some parents without their children despite having evidence the parents wanted to bring their children back to their home country.  In addition, we found that some ICE records purportedly documenting migrant parents’ decisions to leave their children in the United States were significantly flawed.  We made two recommendation that will ensure ICE documents separated migrant parents’ decisions regarding their minor children upon removal from the United States, and develops a process to share information with Government officials to contact parents for whom ICE lacks documentation on reunification preferences.  ICE concurred with our recommendations.

During our unannounced inspection of Pulaski County Jail, we identified violations of U.S. Immigration and Customs Enforcement (ICE) detention standards that threatened the health, safety, and rights of detainees.  In addressing COVID-19, Pulaski did not consistently enforce precautions including use of facial coverings and social distancing, which may have contributed to repeated COVID-19 transmissions at the facility.  Pulaski did not meet standards for classification, medical care, segregation, or detainee communication.  We found that the facility was not providing a color-coded visual identification system based on the criminal history of detainees, causing inadvertent comingling of a detainee with significant criminal history with detainees who had no criminal history.  The facility generally provided sufficient medical care, but did not provide emergency dental services and the medical unit did not have procedures in place for chronic care follow-up.  We also found that the facility was not consistently providing required oversight for detainees in segregation by conducting routine wellness checks.  Finally, we found deficiencies in staff communication practices with detainees.  Specifically, ICE did not specify times for staff to visit detainees and could not provide documentation that it completed facility visits with detainees during the pandemic.  We did find that Pulaski generally complied with the ICE detention standard for grievances.  We made five recommendations to ICE’s Executive Associate Director of Enforcement and Removal Operations (ERO) to ensure the Chicago ERO Field Office overseeing Pulaski addresses identified issues and ensures facility compliance with relevant detention standards.  ICE concurred with all five recommendations. 

ICE Guidance Needs Improvement to Deter Illegal Employment,” OIG-21-15.  We determined the Worksite Enforcement (WSE) program compliance, civil enforcement, and outreach activities are not as effective as they could be to support U.S. Immigration and Customs Enforcement’s (ICE) immigration enforcement strategy.  ICE officials did not consistently enforce ICE guidance, take timely and affirmative steps against unauthorized alien workers, and ensure the outreach program achieved measurable progress and was cost effective.  We made four recommendations with which ICE officials concurred.  Based on the information ICE provided, we consider the four recommendations resolved and open.

We found violations of U.S. Immigration and Customs Enforcement (ICE) detention standards undermining the protection of detainees’ rights and the provision of a safe and healthy environment.  Although the Howard County Detention Center (HCDC) generally complied with ICE detention standards regarding communication, it did not meet the standards for detainee searches, food service, and record requirements for segregation and medical grievances.  We determined HCDC excessively strip searched ICE detainees when leaving their housing unit to attend activities within the facility, in violation of ICE detention standards and the facility’s own search policy.  In addition, HCDC failed to provide detainees with two hot meals per day, as required.  For those in segregation, HCDC did not document that detainees received three meals per day and daily medical visits.  Further, HCDC did not properly document the handling of detainee medical grievances.  We made two recommendations to ICE’s Executive Associate Director of Enforcement and Removal Operations (ERO) to ensure the Baltimore ERO Field Office overseeing HCDC addresses identified issues and ensures facility compliance with relevant detention standards.  ICE concurred with both recommendations and is implementing a corrective action plan to address the concerns we identified.

We determined that children brought to Port Isabel on July 15, 2018, waited extended periods, and in many cases overnight, to be reunited with their parents.  U.S. Immigration and Customs Enforcement (ICE) was not prepared to promptly reunify all children who arrived at Port Isabel on the first day of attempted mass reunifications.  ICE and U.S. Health and Human Services had fundamentally different understandings about the timing and pace of reunifications, and ICE personnel at Port Isabel underestimated the resources necessary to promptly out-process the parents of arriving children.  As a result, some children waited in vehicles at Port Isabel, while others waited in unused detention cells, though all children were in climate-controlled environments and had continuous access to food, water, and restrooms.  As the mass reunifications continued, ICE personnel responded to processing and space issues, which generally resulted in shorter wait times for children who arrived at Port Isabel closer to the court’s July 26, 2018 deadline.  The report contains no recommendations.

We found violations of U.S. Immigration and Customs Enforcement (ICE) detention standards undermining the protection of detainees’ rights and the provision of a safe and healthy environment.  Although the conditions varied among the facilities and not every problem was present at each, our observations, interviews with detainees and staff, and review of documents revealed several common issues.  At three facilities, we found segregation practices infringing on detainee rights.  Detainees at all four facilities had difficulties resolving issues through the grievance and communication systems, including allegations of verbal abuse by staff.  Two facilities had issues with classifying detainees according to their risk levels, which could affect safety.  Lastly, we identified living conditions at three facilities that violate ICE standards.  We recommended the Acting Director of ICE ensure the Enforcement and Removal Operations field offices overseeing the detention facilities covered in the report address identified issues and ensure facility compliance with relevant detention standards.  We made one recommendation that will help ICE ensure compliance with detention standards. ICE concurred with the recommendation.

We surveyed U.S. Immigration and Customs Enforcement (ICE) detention facilities from April 8-20, 2020 regarding their experiences and challenges managing COVID-19 among detainees in their custody and among their staff.  The facilities that responded to our survey described various actions they have taken to prevent and mitigate the pandemic’s spread among detainees.  These actions include increased cleaning and disinfecting of common areas, and isolating new detainees, when possible, as a precautionary measure.  However, facilities reported concerns with their inability to practice social distancing among detainees, and to isolate or quarantine individuals who may be infected with COVID-19.  Regarding staffing, facilities reported decreases in current staff availability due to COVID-19, but have contingency plans in place to ensure continued operations.  The facilities also expressed concerns with the availability of staff, as well as protective equipment for staff, if there were an outbreak of COVID-19 in the facility.  Overall, almost all facilities stated they were prepared to address COVID-19, but expressed concerns if the pandemic continued to spread.  At the time of our survey, 23 facilities reported having detainees who had tested positive for COVID-19; this number had risen to 48 facilities as of May 11, 2020.

U.S. Customs and Border Protection (CBP) Office of Field operations (OFO) personnel at ports of entry had separated 60 asylum-seeking families between May 6 and July 9, 2018, despite CBP’s claim that it had separated only 7 such families.  More than half of those separations were based solely on the asylum-seeking parents’ prior non-violent immigration violations, which appeared to be inconsistent with official DHS public messaging.  After a June 27, 2018 court ruling, CBP issued specific guidance, and the ports separated fewer families in the prior months.  Despite the new guidance, we continue to have concerns about DHS’ ability to accurately identify and address all family separations due to data reliability issues.  In late June 2018, CBP modified its system for tracking aliens at the ports of entry to capture family separation data consistently, but it could not provide a reliable number of families separated before June 2018.  We made one recommendation that will help CBP’s data collection.  CBP concurred with our recommendation.

Through its Criminal Alien Program (CAP), U.S. Immigration and Customs Enforcement (ICE) can successfully identify aliens charged with or convicted of crimes.  However, because ICE relies on cooperation from other law enforcement agencies, it sometimes faces challenges apprehending aliens in uncooperative jurisdictions.  ICE’s inability to detain aliens identified through CAP contributes to increased risk those aliens will commit more crimes.  Furthermore, having to arrest “at-large” aliens may put officer, detainee, and public safety at risk and strains ICE’s staffing resources.  We made four recommendations to ICE focused on improving CAP.  ICE concurred with all four recommendations and initiated corrective actions to address the findings. 

According to CBP statistics, the number of southwest border migrant apprehensions during the first seven months of FY 2019 has in general already surpassed that of the total apprehensions for each of the previous four fiscal years. At the sector level, El Paso has experienced the sharpest increase in apprehensions when comparing the first seven months of FY 2019 to the same period in FY 2018. The purpose  is to notify you of urgent issues that require immediate attention and action. Specifically, we are recommending that the Department of Homeland Security (DHS) take immediate steps to alleviate dangerous overcrowding at the El Paso Del Norte Processing Center (PDT).

Within U.S. Customs and Border Protection (CBP), Border Patrol agents are responsible for patrolling our international land borders and coastal waters surrounding Florida and Puerto Rico. We conducted this audit to determine to what extent Border Patrol agents meet workload requirements related to investigative and law enforcement activities. Border Patrol needs to manage its workforce more efficiently, effectively, and economically. CBP and Border Patrol must expedite the development and implementation of a workforce staffing model for Border Patrol as required by Congress. Without a complete workforce staffing model, Border Patrol senior managers are unable to definitively determine the operational needs for, or best placement of, the 5,000 additional agents DHS was directed to hire per the January 2017 Executive Order.

This inspection is part of an ongoing review of ICE detention facilities. While conducting an unannounced visit to the Essex County Correctional Facility using ICE’s 2011 Performance-Based National Detention Standards, we identified serious violations. As part of this assessment, ICE must review and ensure compliance with those standards addressing unreported security incidents, food safety, and facility conditions that include ceiling leaks, unsanitary shower stalls, bedding, and outdoor recreation areas.

U.S. Immigration and Customs Enforcement (ICE) contracts with 106 detention facilities to detain removable aliens. In FY 2017, these 106 facilities held an average daily population of more than 25,000 detainees. Since the beginning of FY 2016, ICE has paid more than $3 billion to the contractors operating these 106 facilities. Despite documentation of thousands of deficiencies and instances of serious harm to detainees that occurred at these detention facilities, ICE rarely imposed financial penalties. ICE should ensure that detention contracts include terms that permit ICE to hold contractors to performance standards and impose penalties when those standards are not maintained.

We identified a number of serious issues that violate U.S. Immigration and Customs Enforcement’s (ICE) 2011 Performance-Based National Detention Standards and pose significant health and safety risks at the facility.  Specifically, we are concerned about nooses in detainee cells, improper and overly restrictive segregation, and untimely and inadequate detainee medical care.  We recommended that ICE conduct a full review and inspection of the Adelanto ICE Processing Center and the GEO Group’s management of the center to immediately to ensure compliance with ICE’s 2011 Performance-Based National Detention Standards.  Specifically, ICE must review and ensure compliance with: Personal Care Required; Segregation; and Medical Care.  We made one recommendation to improve conditions at the facility.

CBP facilities we visited appeared to be operating in compliance with the 2015 National Standards on Transport, Escort, Detention, and Search.  With the exception of inconsistent cleanliness of the hold rooms, we observed that unaccompanied alien children had access to toilets and sinks, drinking water, beverages (including milk and juice drinks), as well as snacks and food.  Unaccompanied alien children had access to hygiene items and clean bedding at all facilities we visited.  We did not encounter issues with temperatures or ventilation, access to emergency medical care, inadequate supervision, or access to telephones.  We also observed that CBP Office of Field Operations (OFO) ports of entry had offices and storage spaces redesigned into hold rooms to be able to detain more unaccompanied alien children, family units, and other border crossers referred for processing. We made no recommendations in this report.

We examined whether ICE is effectively overseeing and managing the 287(g) program as it expands. Under the 287(g) program, U.S. Immigration and Customs Enforcement (ICE) delegates authority to state and local law enforcement agencies to help ICE in its immigration enforcement mission in their jurisdictions. After the Executive Order was issued, the 287(g) program expanded quickly, it rose from 36 to 76.  ICE approved 40 additional applicants without planning for a corresponding increase in program management staffing, determining how to promptly deliver needed information technology (IT) equipment to participants, or ensuring participants are fully trained.  

Without effective oversight, it is difficult to monitor and measure performance to determine whether program participants are assisting ICE in its immigration enforcement mission. Further, without the necessary equipment and training, program participants may not be acting as a force multiplier to identify removable aliens. ICE may also not be able to fully expand the program and include new localities interested in participating.

Neither type of inspection ICE uses to examine detention facilities ensures consistent compliance with detention standards or comprehensive correction of identified deficiencies. Specifically, because the Nakamoto inspection scope is too broad, ICE’s guidance on procedures is unclear, and Nakamoto’s inspection practices are not consistently thorough, its inspections do not fully examine actual conditions or identify all compliance deficiencies. In contrast, ODO uses effective methods and processes to thoroughly inspect facilities and identify deficiencies, but the inspections are too infrequent to ensure the facilities implement all corrections. Moreover, ICE does not adequately follow up on identified deficiencies or systematically hold facilities accountable for correcting deficiencies, which further diminishes the usefulness of both Nakamoto and ODO inspections.

We conducted a verification review to determine the adequacy, effectiveness, and timeliness of USCIS' corrective actions to address the seven report recommendations in Better Safeguards Are Needed in USCIS Green Card Issuance, OIG-17-11, November 16, 2016. At the time of our audit fieldwork in spring 2016, USCIS’ efforts to address the errors were inadequate. USCIS conducted a number of efforts to recover the inappropriately issued cards; however, these efforts also were not fully successful. At the time of our audit fieldwork in spring 2016, USCIS’ efforts to address the errors were inadequate. USCIS conducted a number of efforts to recover the inappropriately issued cards; however, these efforts also were not fully successful.

U.S. Senator Claire McCaskill asked us to review ICE’s modification of its intergovernmental service agreement (IGSA) with the City of Eloy in Arizona to procure family detention space in Dilley, Texas. We also reviewed other selected IGSAs to determine whether they complied with applicable laws and regulations. (ICE) is responsible for the detention of removable aliens. ICE commonly uses a type of agreement called an IGSA to reserve space at detention facilities owned or operated by state or local governments. In September 2014, ICE improperly modified an existing IGSA with the City of Eloy (Eloy) in Arizona to establish the 2,400-bed South Texas Family Residential Center in Dilley, Texas, more than 900 miles away. Although ICE could have contracted directly with the private company that operates the South Texas Family Residential Center, CCA, it instead created an unnecessary “middleman” by modifying its existing IGSA with Eloy. Eloy’s sole function under the modification is to act as the middleman between ICE and CCA; Eloy collects about $438,000 in annual fees for this service.