Immigration Detention: Additional Actions Needed to Strengthen DHS Management of Short-Term Holding Facilities
Highlights
What GAO Found
The Department of Homeland Security's (DHS) U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) have standards for short-term holding facilities—which are generally designed to keep individuals in custody for 24 hours or less—and some processes to monitor compliance with the standards. For example, each component has policies governing the operation of holding facilities, and CBP has an annual Self-Inspection Program, which is designed to assess internal controls in all CBP operations, including holding facilities. However, U.S. Border Patrol, within CBP, and ICE do not have a process to fully assess data on the amount of time individuals are held in custody. Such a process could help these agencies in better understanding issues that GAO identified, such as data quality, level of compliance with agency standards, and factors impacting time in custody. For example, GAO identified potential irregularities with Border Patrol's fiscal year 2014 to 2015 time in custody data, due to, among other things, delays in agents recording individuals' “book-out” from holding facilities. In addition, although Border Patrol officials from 10 holding facilities GAO visited stated that time in custody rarely exceeds 72 hours, GAO noted that approximately 16 percent of Border Patrol's cases with complete data in fiscal years 2014 to 2015 exceeded this threshold. Developing and implementing a process to assess time in custody data, consistent with internal control standards, would provide Border Patrol and ICE with more visibility into the quality of their data, facility compliance with time in custody guidelines, and the factors impacting time in custody.
DHS has various mechanisms to obtain and address complaints related to holding facilities. Specifically, individuals can submit complaints directly to holding facilities or to one of various DHS entities, including the DHS Office of Inspector General (OIG) and Joint Intake Center (JIC). However, DHS and its components have not consistently communicated information to individuals in CBP and ICE holding facilities on these mechanisms. For example, during site visits to DHS holding facilities, GAO observed that the posters used to communicate DHS complaint mechanisms varied in their coverage. Providing guidance to holding facilities on which of DHS's various complaint mechanisms they should communicate to individuals in custody, consistent with internal control standards, would help DHS have better assurance that individuals in custody within holding facilities have received information on how to submit a complaint. DHS complaint mechanisms maintain data in various systems; however, most of these systems do not have a classification code for holding facilities to would allow users to readily identify the universe of complaints involving holding facilities and conduct trend analysis. For example, the JIC's complaint tracking system does not include a facility, facility type, or issue code related to holding facilities. GAO found that information identifying whether a complaint involved a holding facility may be located within narrative fields. Creating a classification code and conducting trend analysis on holding facility complaints, consistent with internal control standards, would provide DHS with useful information for management decisions, including targeting areas for compliance monitoring.
Why GAO Did This Study
DHS is responsible for providing safe, secure, and humane confinement for detained aliens who may be subject to removal or have been ordered removed from the United States. For example, during fiscal years 2014 and 2015, Border Patrol apprehended 823,768 aliens and held them temporarily in holding facilities. GAO was asked to examine DHS's management and oversight of holding facilities. This report examines the extent to which DHS has (1) standards in place for the short-term custody of aliens and monitors compliance with established standards and (2) processes in place for obtaining and addressing complaints from aliens in holding facilities.
GAO reviewed CBP and ICE data on time in custody and complaints. GAO also interviewed agency officials and visited 32 holding facilities selected based on geographical location and facility type, among other factors. The visit results are not generalizable, but provided insight to the oversight of holding facilities and management of complaints.
Recommendations
GAO recommends that DHS establish a process to assess time in custody data for all individuals in holding facilities; issue guidance on how and which complaint mechanisms should be communicated to individuals in short-term custody; include a classification code in all complaint tracking systems related to DHS holding facilities; and develop a process for analyzing trends related to holding facility complaints. DHS concurred with the recommendations and identified planned actions.
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of Homeland Security | To enhance the monitoring of holding facilities, the Secretary of Homeland Security should direct Border Patrol and ICE to develop and implement a process to assess their time in custody data for all individuals in holding facilities, including: (1) identifying and addressing potential data quality issues; and (2) identifying cases where time in custody exceeded guidelines and assessing the factors impacting time in custody. |
In May 2016, we reported on the Department of Homeland Security's management and oversight of short-term holding facilities. We found that the Border Patrol and U.S. Immigration and Customs Enforcement (ICE) did not have a process or processes in place to fully assess their time in custody data. Specifically, we found that Border Patrol and ICE could take steps to better understand (1) the quality of time in custody data, such as determining the sources of irregularities and uncovering missing or inaccurate data, as well as (2) the extent to which holding facilities are adhering to agency standards for time in custody and the factors affecting the overall length. Consequently, we recommended that the Secretary of Homeland Security direct Border Patrol and ICE to develop and implement a process to assess their time in custody data for all individuals in holding facilities, including identifying and addressing potential data quality issues as well as identifying where time in custody exceeded guidelines and assessing the factors impacting time in custody. In fiscal year 2020, we reviewed ICE and Border documentation showing that they assess the time in custody for individuals in their respective holding facilities and identify cases where time in custody exceeded guidelines. For example, ICE's holding facility policy specifies that individuals should not be held for longer than 12 hours absent exceptional circumstances. ICE has worked to assess their time in custody data to identify and address potential data quality issues by, for example, sending a monthly memo to ICE field offices, which, among other things, contains a spreadsheet record of detention stays where an individual was booked into the hold room for more than 12 hours. Each field office is then responsible for confirming whether the detention record in their area of responsibility where an individual exceeded 12 hours in custody is correct and whether or not the record needs to be updated. The spreadsheet also contains columns where ICE field offices select or specify comments explaining why the detention record was incorrect or why an individual exceeded 12 hours in custody at the holding facility. ICE also provided documentation that it uses these field office comments to assess the factors that impact time in custody individual exceeded 12 hours in custody. With regard to Border Patrol, CBP policy states that detainees should not generally be held for longer than 72 hours in agency holding facilities. Border Patrol provided an example of a custody report where individuals who were in custody for over 72 hours were identified and, in May 2020, Border Patrol demonstrated to us how the agency generates reports that assist in identifying data quality issues and assessing factors affecting time in custody. As a result of these actions taken by ICE and Border Patrol, we are closing this recommendation as implemented.
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| Department of Homeland Security | To strengthen the transparency of the complaints process, the Secretary of Homeland Security should direct CBP and ICE to develop and issue guidance on how and which complaint mechanisms should be communicated to individuals in custody at holding facilities. |
In May 2016, we reported on the Department of Homeland Security's management and oversight of short-term holding facilities. We found, for example, that only 4 of 17 Border Patrol holding facilities posted information on how individuals can contact the DHS OIG to file general complaints, and the remaining facilities did not have information posted on any complaint mechanisms, such as the Joint Intake Center or CBP INFO Center. In December 2016, ICE Enforcement and Removal Operations (ERO) sent a broadcast to ICE field offices stating that posters should be visible at all of ICE ERO temporary holding facilities. This broadcast directed ICE ERO Field Office staff to immediately post copies of the Detention Reporting and Information Line poster, both in English and in Spanish, in temporary confinement areas or other areas so that it is visible to individuals in custody at ICE ERO temporary holding facilities. Regarding CBP, in July 2022, CBP told us that CBP's Office of Professional Responsibility (OPR) is working with the CBP Office of Information Technology (OIT) on the requirements for a public-facing website and complaint form for reporting allegations of misconduct and other issues of concern. CBP added that given the importance of the web-based complaint form in improving mechanisms for reporting allegations of misconduct and abuse, CBP developed and implemented the public-facing website and complaint form for reporting allegations of misconduct and other issues of concern. This website went live in June 2023 in English, and August 2023, in Spanish. CBP OPR continues to support the consolidation of CBP/DHS Oversight posters within CBP short-term holding facilities as part of a working group led by the Commissioner's Office. The working group has consolidated a list of information currently posted in CBP holding facilities and determined which are oversight versus other health and safety postings. The goal is to consolidate all oversight posters into one poster, focusing on how to report to the correct oversight entity, removing confusion among those being held, while also ensuring consistent messaging across all CBP short-term holding facilities. CBP OPR expects the completion date by July 31, 2024.
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| Department of Homeland Security | To facilitate the tracking of holding facility complaints, the Secretary of Homeland Security should include a classification code in all complaint tracking systems related to DHS holding facilities. |
DHS components have taken some steps toward addressing this recommendation but have not included a classification code in all complaint tracking systems related to DHS holding facilities consistent with the recommendation. With regard to one of the tracking systems--the ICE Detention Reporting and Information Line--ICE provided documentation in May 2019 showing that it made changes to its system so that holding facilities (or hold rooms) are included on the drop-down menu of options. With regard to another tracking system--the Joint Integrity Case Management System (JICMS)--in August and September 2018, ICE provided documentation showing that ICE short-term holding facilities are included in the complaint tracking system. CBP also uses this system, and officials told us in August 2020 that as older version of JICMS system has codes for CBP detention facilities and these codes are searchable but that CBP does not presently use this capability while ICE does. CBP also mentioned that the Joint Intake Center would eventually move to a new complaints reporting platform and that a JICMS Modernization project team is consulting with ICE on how best use the field for reporting as the new case management system is developed. With regard to a third tracking system--the CBP INFO Center--in October 2019, CBP INFO Center officials told us that the "locations" field in its complaints tracking system does not specifically reference CBP holding facilities. They explained, however, that they have the ability to modify the complaints tracking system if required. In December 2019, we followed up with CBP INFO Center officials to explore the feasibility of modifying the "locations" field in its complaints tracking system to reference CBP holding facilities specifically. In January 2020, CBP INFO Center officials told us that they were transitioning to a new Salesforce system that allowed them to add a location field to capture short term holding facilities. In May 2020, CBP INFO Center officials once again confirmed that they could add additional locations within its complaints tracking system but would need Border Patrol to make such a request to do so. In addition, with regard to the DHS OIG complaint tracking system, in March 2020, we spoke to officials from DHS OIG regarding including a classification code related to DHS holding facilities. Officials explained that DHS OIG does not currently have a business case for including such a classification code because DHS OIG investigations do not need location information except in instances where location is material to the facts of the complaint. In these instances, DHS OIG officials told us that they would identify location by querying the specific complaint's existing narrative field. Officials also told us that DHS OIG might eventually have a business case for implementing the recommendation if CBP and ICE included a classification code related to DHS holding facilities in their complaint tracking systems first, as the DHS OIG commonly receives complaints through CBP and ICE referrals. Given that the department has not included a classification code in all complaint tracking systems related to DHS holding facilities, as well as remaining uncertainty about when and how some of the DHS components will do so, we are closing this recommendation as not implemented.
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| Department of Homeland Security | To provide useful information for compliance monitoring, the Secretary of Homeland Security should direct CBP and ICE to develop and implement a process for analyzing trends related to holding facility complaints across their respective component. |
DHS components have taken some steps toward addressing this recommendation. For example, in April 2019, ICE provided us with documentation of a memo about the ICE Detention Reporting and Information Line (DRIL). This summary memo noted that an ICE ERO Custody Management Unit produces a weekly DRIL report and analyzes the data for trends such as a facility having a certain kind of complaint. ICE also provided to us agendas from ICE ERO biweekly meetings where ICE officials discuss trends--including complaint trends--from calls into DRIL. In December 2019, we followed up with ICE to determine the extent to which the weekly Unit Chiefs meetings or bi-weekly Deputy Assistant Directors meetings currently includes discussion of trends related specifically to complaints in ICE holding facilities or plans to do so in future meetings. In August 2020, ICE agreed to include a discussion of complaints at short-term holding facilities as a standing agenda item for its biweekly meetings and provided us with agendas from two recent biweekly meetings that explicitly list as a discussion item complaint trends stemming from short-term and long-term holding facilities. As for CBP, in October 2019, officials told us that the Compliments and Complaints Branch of the CBP INFO Center could generate reports if it sees a pattern or trend based on incoming complaints. CBP provided an example of a report that the CBP INFO Center Compliments and Complaints Branch produced on complaints received about various detention topics. In addition, CBP explained that field office components within the agency have the capability to run their own reports related to complaints on a daily, weekly, monthly, quarterly basis as well as any other time-period they prefer. In January 2020, CBP also told us that the CBP INFO Center Compliments and Complaints Branch generates reports upon request from Border Patrol or the Office of Field Operations and, in May 2020 that the Center had transitioned to a new system that would allow for greater data analysis. In August 2020, CBP provided examples of data analysis produced through the new system; however, the examples did not include complaints that originate from Office of Field Operations or Border Patrol holding facilities. Additionally, for the other complaint tracking system-the Joint Integrity Case Management System-CBP officials stated the agency does not analyze complaints within that system but can address specific questions upon request. Given that CBP has yet to develop and implement process for analyzing trends on holding facility complaints, as well as remaining uncertainty about when it would do so, we are closing this recommendation as not implemented.
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