ICE

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.

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. 

The Department of Homeland Security U.S. Immigration and Customs Enforcement (ICE) repatriates thousands of aliens every year. In this review, we sought to identify barriers to the repatriation of detained aliens with final orders of removal. Our case review of 3,053 aliens not removed within the prescribed 90-day timeframe revealed that the most significant factors delaying or preventing repatriation are external and beyond ICE’s control. The two predominant factors delaying repatriation are legal appeals and obtaining travel documents. Internally, ICE’s challenges with staffing and technology also diminish the efficiency of the removal process.

The Office of National Drug Control Policy’s (ONDCP) Circular, Accounting of Drug Control Funding and Performance Summary, requires each National Drug Control Program agency to submit to ONDCP Director a detailed accounting of all funds expended for National Drug Control Program activities during the previous fiscal year (FY). ICE’s management prepared the Performance Summary Report and the related disclosures in accordance with the requirements of ONDCP Circular, Accounting of Drug Control Funding and Performance Summary, dated May 8, 2018 (the Circular). Williams Adley was unable to assess the accuracy of the number of products reported in Metric 2, “Number of counter-narcotics intelligence requests satisfied,” as part of the PSR.

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.