Immigration Enforcement: Better Controls Needed over Program Authorizing State and Local Enforcement of Federal Immigration Laws
Highlights
Section 287(g) of the Immigration and Nationality Act, as amended, authorizes the federal government to enter into agreements with state and local law enforcement agencies to train officers to assist in identifying those individuals who are in the country illegally. U.S. Immigration and Customs Enforcement (ICE) is responsible for supervising state and local officers under this program. GAO was asked to review this program. This report reviews (1) the extent to which ICE has designed controls to govern 287(g) program implementation; and (2) how program resources are being used and the activities, benefits, and concerns reported by participating agencies. GAO reviewed memorandums of agreement (MOA) between ICE and the 29 program participants as of September 1, 2007. GAO compared controls ICE designed to govern the 287(g) program with criteria in GAO's Standards for Internal Control in the Federal Government. GAO interviewed officials from both ICE and participating agencies on program implementation, resources, and results.
Recommendations
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| United States Immigration and Customs Enforcement | To help ensure that the ICE 287(g) program achieves the results intended, the Assistant Secretary for ICE should document the objective of the 287(g) program for participants. |
Immigration and Customs Enforcement has incorporated the objective of the 287(g) program in the purpose section of each Memorandum of Agreement made with local law enforcement agencies.
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| United States Immigration and Customs Enforcement | To help ensure that the ICE 287(g) program achieves the results intended, the Assistant Secretary for ICE should clarify how and under what circumstances 287(g) authority is to be used by state and local law enforcement officers in participating agencies. |
Clarification of how 287(g) authority is to be used by state and local law enforcement is now contained in Appendix D of all Memorandum of Agreements with state and local law enforcement agencies.
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| United States Immigration and Customs Enforcement | To help ensure that the ICE 287(g) program achieves the results intended, the Assistant Secretary for ICE should document in MOAs the nature and extent of supervisory activities ICE officers are expected to carry out as part of their responsibilities in overseeing the implementation of the 287(g) program and communicate that information to both ICE officers and state and local participating agencies. |
In each 287(g) Memorandum of Agreement with state or local law enforcement, Immigration and Customs Enforcement has specified and made clear in Appendix D (Task Force Model - Supervision) and (Detention Model - Supervision) the required ICE supervisory involvement in these programs.
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| United States Immigration and Customs Enforcement | To help ensure that the ICE 287(g) program achieves the results intended, the Assistant Secretary for ICE should specify the program information or data that each agency is expected to collect regarding their implementation of the 287(g) program and how this information is to be reported. |
In each 287(g) Memorandum of Agreement with state or local law enforcement, Immigration and Customs Enforcement has made it clear in Section XII (Reporting Requirements) and in Appendix D (Data Collection) the program information or data that each agency is expected to collect regarding their implementation of the 287(g) program and how this information is to be reported.
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| United States Immigration and Customs Enforcement | To help ensure that the ICE 287(g) program achieves the results intended, the Assistant Secretary for ICE should establish a plan, including a time frame, for the development of performance measures for the 287(g) program. |
This recommendation is closed as implemented because U.S. Immigration and Customs Enforcement has detailed performance measures in its 287(g) Program Strategic Plan for FY2011-2016 and has created a 287(g) Program Performance Measures Guide.
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