Alien Detention Standards: Telephone Access Problems Were Pervasive at Detention Facilities; Other Deficiencies Did Not Show a Pattern of Noncompliance
GAO-07-875
Published: Jul 06, 2007. Publicly Released: Jul 06, 2007.
Skip to Highlights
Highlights
The total number of aliens detained per year by the Department of Homeland Security's (DHS) U.S. Immigration and Customs Enforcement (ICE) increased from about 95,000 in fiscal year 2001 to 283,000 in 2006. The care and treatment of these detained aliens is a significant challenge to ICE. GAO was asked to review ICE's implementation of its detention standards for aliens in its custody. GAO reviewed (1) detention facilities' compliance with ICE's detention standards, (2) ICE's compliance review process, and (3) how detainee complaints regarding conditions of confinement are handled. To conduct its work, GAO reviewed DHS documents, interviewed program officials, and visited 23 detention facilities of varying size, type, and geographic location.
Recommendations
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of Homeland Security | To ensure that detainees can make telephone calls to access legal services, report complaints, and obtain assistance from their respective consulates, as specified in ICE National Detention Standards and that all detainee complaints are reviewed and acted upon as necessary, the Secretary of Homeland Security should direct the Assistant Secretary for U.S. Immigration and Customs Enforcement to amend the Office of Denention and Removal (DRO) compliance inspection process relating to the detainee telephone access standard to include (1) measures to ensure that facility and/or ICE staff frequently test to confirm that the ICE pro bono telephone system is functioning properly, and (2) revisions to ICE's compliance review worksheet to require ICE reviewers, while conducting annual reviews of the telephone access standard at detention facilities, to test the detainee pro bono telephone system by attempting to connect calls and record any automated voice messages as to why the call is not being put through. | In July 2007, we reported that during field visits to 23 detention facilities, we observed systemic problems with the pro bono telephone system at 16 of the 17 detention facilities that use the system. At 16 detention facilities we visited where the U.S. Immigration and Customs Enforcement (ICE) contracted with a private vendor for a pro bono phone system, often we could not make successful connections due to technical problems within the system. Further, there were insufficient internal controls at the facilities to ensure that posted phone numbers were kept up to date or otherwise accurate. Insufficient internal controls and weaknesses in ICE's compliance review process resulted in... ICE's failure to identify telephone system problems. ICE's inspection worksheet used by detention facility reviewers did not require that a reviewer confirm that detainees were able to make successful connections through the detainee telephone system. Accordingly, we recommended that ICE amend its compliance review inspection process related to the detainee telephone access standard to include measures to ensure frequent testing to confirm that the ICE pro bono telephone system is functioning properly, and revisions to its compliance review worksheet to require ICE reviewers, while conducting annual reviews of the telephone access standard at detention facilities, to test the detainee pro bono telephone system by attempting to connect calls and record any automated voice messages as to why the call is not being put through. In response to our recommendation, in December 2008, ICE issued new Performance Based National Detention Standards which included amendments to the detainee telephone access standard to ensure monitoring of telephone services. The telephone access standard now includes requirements for facility staff to test detainee telephone systems on a daily basis to ensure that the systems are functionining properly and report any problems to facility or ICE personnel. In addition, ICE field staff are required to test detainee telephones on a weekly basis to verify serviceability, report any problems to the appropriate ICE point of contact, and document these tests for random audits by the Detention Standards Compliance Unit. In addition, in 2009, ICE awarded a new contract to Talton Communications to operate the detainee telephone system. According to ICE officials, the contractor has the capability to remotely test phones and conducts tests on a weekly basis in addition to the weekly tests conducted by ICE field staff. In addition, ICE officials stated that no complaints have been submitted by detainees or the field about the contractor since the award of the new contract. ICE officials stated that trouble calls, recorded in a weekly report from the contractor normally involve equipment or service outages by the local telephone service provider and problems are corrected within 24 hours about 95 percent of the time. This recommendation is closed as implemented.
View More |
| Department of Homeland Security | To ensure that detainees can make telephone calls to access legal services, report complaints, and obtain assistance from their respective consulates, as specified in ICE National Detention Standards and that all detainee complaints are reviewed and acted upon as necessary, the Secretary of Homeland Security should direct the Assistant Secretary for U.S. Immigration and Customs Enforcement to require the posting in detention facilities of instructions for alternative means for detainees to complete calls in the event that the ICE pro bono telephone system is not functioning properly. | In July 2007, we reported that during field visits to 23 detention facilities, we observed systemic problems with the pro bono telephone system at 16 of the 17 detention facilities that use the system. At 16 detention facilities we visited where the U.S. Immigration and Customs Enforcement (ICE) contracted with a private vendor for a pro bono phone system, often we could not make successful connections due to technical problems within the system. Further, there were insufficient internal controls at the facilities to ensure that posted phone numbers were kept up to date or otherwise accurate. Accordingly, we recommended that ICE require the posting in detention facilities of instructions...
|
| Department of Homeland Security | To ensure that detainees can make telephone calls to access legal services, report complaints, and obtain assistance from their respective consulates, as specified in ICE National Detention Standards and that all detainee complaints are reviewed and acted upon as necessary, the Secretary of Homeland Security should direct the Assistant Secretary for U.S. Immigration and Customs Enforcement to direct ICE staff to establish procedures for identifying any changes to phone numbers available from the Executive Office for Immigration Review, the Department of State, and the OIG and for promptly updating the pro bono telephone numbers posted in detention facilities. | In July 2007, we reported that during field visits to 23 detention facilities, we observed systemic problems with the pro bono telephone system at 16 of the 17 detention facilities that use the system. At 16 detention facilities we visited where the U.S. Immigration and Customs Enforcement (ICE) contracted with a private vendor for a pro bono phone system, often we could not make successful connections due to technical problems within the system. Further, there were insufficient internal controls at the facilities to ensure that posted phone numbers were kept up to date or otherwise accurate. Accordingly, we recommended that ICE establish procedures for identifying changes to phone...
|
| Department of Homeland Security | To ensure that detainees can make telephone calls to access legal services, report complaints, and obtain assistance from their respective consulates, as specified in ICE National Detention Standards and that all detainee complaints are reviewed and acted upon as necessary, the Secretary of Homeland Security should direct the Assistant Secretary for U.S. Immigration and Customs Enforcement to establish supervisory controls and procedures, including appropriate staffing, to ensure that DRO and Office of Acquisitions staff are properly monitoring contractor performance. | In July 2007, we reported that during field visits to 23 detention facilities, we observed systemic problems with the pro bono telephone system at 16 of the 17 detention facilities that use the system. At 16 detention facilities we visited where the U.S. Immigration and Customs Enforcement (ICE) contracted with a private vendor for a pro bono phone system, often we could not make successful connections due to technical problems within the system. Further, there were insufficient internal controls at the facilities to ensure that posted phone numbers were kept up to date or otherwise accurate. Monthly performance data provided by the phone system contractor indicated that the rate of...
|
| Department of Homeland Security | To ensure that detainees can make telephone calls to access legal services, report complaints, and obtain assistance from their respective consulates, as specified in ICE National Detention Standards and that all detainee complaints are reviewed and acted upon as necessary, the Secretary of Homeland Security should direct the Assistant Secretary for U.S. Immigration and Customs Enforcement to, in regard to the contract with Public Communications Services, explore what recourse the government has available to it for contractor nonperformance. | In July 2007, we reported that during field visits to 23 detention facilities, we observed systemic problems with the pro bono telephone system at 16 of the 17 detention facilities that use the system. At 16 detention facilities we visited where the U.S. Immigration and Customs Enforcement (ICE) contracted with a private vendor for a pro bono phone system, often we could not make successful connections due to technical problems within the system. Further, there were insufficient internal controls at the facilities to ensure that posted phone numbers were kept up to date or otherwise accurate. Monthly performance data provided by the phone system contractor indicated that the rate of...
|
| Department of Homeland Security | To ensure that detainees can make telephone calls to access legal services, report complaints, and obtain assistance from their respective consulates, as specified in ICE National Detention Standards and that all detainee complaints are reviewed and acted upon as necessary, the Secretary of Homeland Security should direct the Assistant Secretary for U.S. Immigration and Customs Enforcement to, in competing a new telephone contract, ensure that the new contract contains adequate protections and recourse for the government in the event of contractor nonperformance. | In July 2007, we reported that during field visits to 23 detention facilities, we observed systemic problems with the pro bono telephone system at 16 of the 17 detention facilities that use the system. At 16 detention facilities we visited where the U.S. Immigration and Customs Enforemcent (ICE) contracted with a private vendor for a pro bono phone system, often we could not make successful connections due to technical problems within the system. Further, there were insufficient internal controls at the facilities to ensure that posted phone numbers were kept up to date or otherwise accurate. Monthly performance data provided by the phone system contractor indicated that the rate of...
|
| Department of Homeland Security | To ensure that detainees can make telephone calls to access legal services, report complaints, and obtain assistance from their respective consulates, as specified in ICE National Detention Standards and that all detainee complaints are reviewed and acted upon as necessary, the Secretary of Homeland Security should direct the Assistant Secretary for U.S. Immigration and Customs Enforcement to develop a formal tracking system to ensure that all detainee complaints referred to DRO are reviewed and the disposition, including any corrective action, is recorded for later examination. | In July 2007, we reported that during field visits to 23 detention facilities, we observed systemic problems with the pro bono telephone system at 16 of the 17 detention facilities that use the system. At 16 detention facilities we visited where the U.S. Immigration and Customs Enforcement (ICE) contracted with a private vendor for a pro bono phone system, often we could not make successful connections due to technical problems within the system. Further, there were insufficient internal controls at the facilities to ensure that posted phone numbers were kept up to date or otherwise accurate. In addition, ICE lacked a formalized tracking process for documenting detainee complaints which...
|
Full Report
Public Inquiries
Topics
Immigration statusContract oversightCorrectional facilitiesDetention facilitiesFood servicesHealth care programsHealth care servicesInternal controlsStandardsTelephone servicesTelephones