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Open Recommendations (42 total)

Student and Exchange Visitor Program: DHS Can Take Additional Steps to Manage Fraud Risks Related to School Recertification and Program Oversight

GAO-19-297
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1 Open Recommendations
Agency Affected Recommendation Status
United States Immigration and Customs Enforcement The Director of ICE should implement mandatory DSO training and verify that the training is completed. (Recommendation 6)
Open
In May 2023, ICE officials stated that SEVP was making progress working with a contract vendor to update its training modules for DSOs. The officials stated that they were developing a comprehensive course list and anticipated completing the first course bundle in late 2023 with all modules being completed by the end of 2024. After completion, the courses will be made mandatory to help support U.S. National Security. We will continue to monitor actions the agency has taken in response to this recommendation.

Student and Exchange Visitor Program: DHS Can Take Additional Steps to Manage Fraud Risks Related to School Recertification and Program Oversight

GAO-19-297
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1 Open Recommendations
Agency Affected Recommendation Status
United States Immigration and Customs Enforcement The Director of ICE should complete the development and implementation of its plans for mandatory fraud-specific training for DSOs. (Recommendation 7)
Open
In May 2023, ICE officials stated that SEVP was making progress working with a contract vendor to update its training modules for DSOs. The officials stated that they were developing a comprehensive course list and anticipated completing the first course bundle in late 2023 with all modules being completed by the end of 2024. ICE officials stated that the courses would likely not be made mandatory prior to 2025 in order to roll out the requirement. We will continue to monitor actions the agency has taken in response to this recommendation.

Department of Homeland Security: Components Could Improve Monitoring of the Employee Misconduct Process [Reissued with revisions on Sep. 4, 2018.]

GAO-18-405
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1 Open Recommendations
Agency Affected Recommendation Status
United States Immigration and Customs Enforcement The Director of ICE should monitor the duration of all cases beginning-to-end by stage and by case type (Recommendation 10).
Open
In October 2018, ICE stated that beginning in fiscal year 2019, a project team will develop the capability to monitor the duration of all employee misconduct cases beginning-to-end by stage and by case type. The estimated completion date of this recommendation was June 28, 2019. In August 2020 and June 2022, the ICE Office of Human Capital provided examples of a quarterly "Aging Cases" report. While this report may help improve the timeliness of a certain stage of the process, this report does not monitor the duration of all cases beginning-to-end by stage and by case type. To close this recommendation, GAO needs evidence that ICE monitors all cases beginning-to-end by stage and by case type. As of February 2024, we are continuing to follow-up on ICE's actions to implement this recommendation.

Department of Homeland Security: Components Could Improve Monitoring of the Employee Misconduct Process [Reissued with revisions on Sep. 4, 2018.]

GAO-18-405
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1 Open Recommendations
Agency Affected Recommendation Status
United States Immigration and Customs Enforcement The Director of ICE should define and document the case management system data fields and methodology to be used for monitoring all established performance targets and provide related guidance to staff (Recommendation 12).
Open
In October 2018, ICE stated that it will work to define and document the case management system data fields and methodology to be used for monitoring all established performance targets and will provide related guidance to applicable staff. The estimated completion date for this recommendation was June 28, 2019. In June 2022, ICE stated that they plan to provide documentation, but as of February 2024, ICE has not provided documentation related to this recommendation. To close this recommendation, ICE should provide evidence that it has defined and documented the case management system data fields and methodology to be used for monitoring all established performance targets and has provided related guidance to staff. As of February 2024, we are continuing to follow-up on ICE's actions to implement this recommendation.

Immigration Detention: Opportunities Exist to Improve Cost Estimates

GAO-18-343
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1 Open Recommendations
Agency Affected Recommendation Status
United States Immigration and Customs Enforcement The Director of ICE should take steps to ensure that ICE's budget estimating process more fully addresses cost estimating best practices.
Open
In June 2023, we assessed ICE's budget estimating process to determine if it more fully addressed cost estimating best practices given the changes that ICE implemented to address our other four recommendations. Our assessment focused on the three characteristics of a reliable cost estimate which ICE's process did not meet or substantially meet during our 2018 review-well-documented, accurate, and credible. We found that the "well-documented" characteristic improved from partially to substantially met. However, the "accurate" and "credible" characteristics did not improve, with "accurate" remaining partially met and "credible" remaining minimally met. In November 2023, ICE began using a newly designed model to estimate the projected adult bed rate. According to ICE officials, this model will be used to develop the fiscal year 2025 cost estimate. We will continue to monitor ICE's efforts to implement this new model and plan to assess if the "accurate" and "credible" characteristics of the estimate have improved with the use of the new model.

Confidential Informants: Updates to Policy and Additional Guidance Would Improve Oversight by DOJ and DHS Agencies

GAO-15-807
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1 Open Recommendations
Agency Affected Recommendation Status
United States Immigration and Customs Enforcement To help ensure that agencies' policies and oversight are fully consistent with The Attorney General's Guidelines Regarding the Use of Confidential Informants, the Assistant Secretary of ICE and the Commandant of USCG should update their respective agencies' informant policies and corresponding monitoring processes to explicitly address the Guidelines' provisions on oversight of informants' illegal activities.
Open – Partially Addressed
In December 2016, ICE issued a memo regarding changes to its policies for the registration and suitability of confidential informants. The memo included updated forms to oversee those aspects of confidential informant oversight. In April 2017, ICE officials informed GAO that the agency planned for a working group to update the Informants Handbook and the Undercover Operations Handbook. As of October 2018, ICE reported that officials had made draft updates to the handbooks and that these updates were undergoing review. In June 2019, ICE reported that the updates were expected to be finalized in July 2019. The handbook updates had not been finalized as of February 2020, and, at that time, ICE officials reported that the handbooks were undergoing additional updates related to a separate effort unrelated to GAO's recommendation. As of September 22, 2023, ICE officials have not provided a more recent update regarding actions to address this recommendations, including an an estimated completion date for finalizing revisions to the handbooks. When the updated handbooks are available for GAO's review, we will assess the extent to which they address our recommendation.

Immigration Enforcement: Arrests, Detentions, and Removals, and Issues Related to Selected Populations

GAO-20-36
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1 Open Recommendations
Agency Affected Recommendation Status
United States Immigration and Customs Enforcement The Director of ICE should implement a process to collect and maintain data in a readily available format on detained parents or legal guardians of U.S. citizen and legal permanent resident minors to ensure that information on this population is entered into ICE's data system as required by policy. (Recommendation 1)
Open
In November 2019, we reported on ICE immigration enforcement policies and actions, including those for vulnerable populations. We found that ICE did not collect or maintain readily available data on detained parents or legal guardians of U.S. citizen or legal permanent resident minors, as required by ICE policy. Without such information, ICE headquarters officials cannot ensure that ICE officers are collecting and entering this information into the system as required by policy. As a result, we recommended that ICE collect readily available data on detained parents or guardians of U.S. citizen and legal permanent resident minors. ICE DHS did not concur with this recommendation, stating that collecting such data would not better inform ICE's decision-making processes. However, as we noted in our report, ICE's 2017 Detention and Removal of Alien Parents or Legal Guardians directive stated that in pursing the enforcement of U.S. immigration laws against parents of minors, ICE personnel should remain cognizant of the impact enforcement actions may have on U.S. citizen or legal permanent resident minors. Without making these data readily available, ICE was not able to account for the overall impact of its enforcement actions on U.S. citizen or legal permanent resident minors whose parents or legal guardians have been detained. In July 2022, ICE issued its revised directive on Interests of Noncitizen Parents and Legal Guardians of Minor Children or Incapacitated Adults, which superseded its 2017 directive. Among other things, the July 2022 directive requires ICE to collect and maintain relevant data related to covered individuals that permits continuous monitoring and tracking of non-citizen parents/legal guardians of minor child(ren) or incapacitated adults in the United States, without regard to the dependent's citizenship or immigration status. The directive also requires the development of a system for maintaining this information in a manner that permits continuous monitoring and tracking of such individuals to ensure compliance with the Directive, and such information should be maintained in a format where it may be made available for reporting to the Office of the Director. In November 2022, ICE officials told us that a working group was formed to consider how to implement this directive and that the group is meeting weekly. In September 2023, ICE told us that the working group completed its requirements gathering for collecting and maintaining relevant data and they were undergoing internal review. We will continue to monitor ICE's efforts to address this recommendation.

Immigration Detention: ICE Should Enhance Its Use of Facility Oversight Data and Management of Detainee Complaints

GAO-20-596
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1 Open Recommendations
Agency Affected Recommendation Status
United States Immigration and Customs Enforcement The Director of ICE should regularly conduct analyses of data on deficiencies identified through Office of Detention Oversight's inspections. (Recommendation 3)
Open
DHS concurred with this recommendation. In April 2023, ICE reported that Custody Management plans to start regularly analyzing Office of Detention Oversight (ODO) inspection results data once it finished implementing and incorporating the results into a new Custody Management data system. By October 2023, ICE had finished implementing an automated process through which ODO inspection results are uploaded into the new data system. ICE anticipates Custody Management can begin conducting analyses of the inspection results data around the end of calendar year 2024. To meet the intent of the recommendation, Custody Management should regularly analyze ODO inspections results data to identify trends in deficiencies over time and within and across facilities and regions.

Immigration Detention: ICE Should Enhance Its Use of Facility Oversight Data and Management of Detainee Complaints

GAO-20-596
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2 Open Recommendations
Agency Affected Recommendation Status
United States Immigration and Customs Enforcement The Director of ICE should ensure that all Operational Review Self-Assessment results and corrective actions are recorded in a format that is conducive to tracking and analysis. (Recommendation 4)
Open – Partially Addressed
DHS concurred with this recommendation and in June 2021 reported that ICE's Custody Management is working to automate entry of Operational Review Self-Assessment data into the Facility Performance Management System. As of May 2022, ICE reported that Custody Management had developed coded documents necessary for the automation for field offices to complete during their self-assessments. As of April 2023, ICE reported that the agency was in the process of implementing a new data system in which it will maintain data on Operational Review Self-Assessment results and corrective actions. ICE noted that the new system is intended to provide enhanced analysis capabilities. ICE anticipates that it will finish uploading self-assessment results data into the new system in a format that is conducive to analysis around the end of calendar year 2024.
United States Immigration and Customs Enforcement The Director of ICE should regularly conduct analyses of detention-related complaint data from relevant offices, including analyses of data over time, within and across facilities and regions, and at a level necessary to identify and address potentially reoccurring complaints. (Recommendation 5)
Open
DHS concurred with this recommendation. As of May 2023, ICE reported that the agency was in the process of integrating several data systems that store detention-related information into a new system. The new system is to provide enhanced analysis capabilities, including the ability to produce reports with analysis of detention-related complaint data. As of December 2023, ICE reported that the new system was operational and included detention-related complaint data from several ICE sources. These sources include telephone hotlines, such as the Detention Reporting and Information Line, and complaints received through certain non-telephonic channels (e.g., online) related to topics such as religious accommodations. ICE plans to integrate data from additional complaint channels into the system by spring 2024. At that time, the system will be able to produce reports with analysis of all detention-related complaint data it stores, according to ICE officials. To meet the intent of this recommendation, ICE should regularly conduct analyses, through the new system or otherwise, of detention-related complaint data from relevant offices. These analyses should examine data over time, within and across facilities and regions, and at a level necessary to identify and address potentially reoccurring complaints.
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