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Testimony: 

Before the Subcommittee on Border, Maritime and Global 
Counterterrorism, Committee on Homeland Security, House of 
Representatives: 

United States Government Accountability Office: 
GAO: 

For Release on Delivery: 
Expected at 10:00 a.m. EDT:
Thursday, July 22, 2010: 

Alien Smuggling: 

DHS Could Better Address Alien Smuggling along the Southwest Border by 
Leveraging Investigative Resources and Measuring Program Performance: 

Statement of Richard M. Stana, Director: 
Homeland Security and Justice Issues: 

GAO-10-919T: 

Chairman Cuellar, Ranking Member Miller, and Members of the 
Subcommittee: 

I am pleased to be here today to discuss federal efforts to address 
alien smuggling along the southwest border. Alien smuggling along the 
southwest border is an increasing threat to the security of the United 
States and Mexico as well as to the safety of both law enforcement and 
smuggled aliens. One reason for this increased threat is the 
involvement of drug trafficking organizations in alien smuggling. 
According to the National Drug Intelligence Center's (NDIC) 2008 
National Drug Threat Assessment, the southwest border region is the 
principal entry point for smuggled aliens from Mexico, Central 
America, and South America. Aliens from countries of special interest 
to the United States such as Afghanistan, Iran, Iraq, and Pakistan 
(known as special-interest aliens) also illegally enter the United 
States through the region. According to the NDIC assessment, Mexican 
drug trafficking organizations have become increasingly involved in 
alien smuggling. These organizations collect fees from alien smuggling 
organizations for the use of specific smuggling routes, and available 
reporting indicates that some Mexican drug trafficking organizations 
specialize in smuggling special-interest aliens into the United 
States. As a result, these organizations now have alien smuggling as 
an additional source of funding to counter U.S. and Mexican government 
law enforcement efforts against them. 

Violence associated with alien smuggling has also increased in recent 
years, particularly in Arizona. According to the NDIC assessment, 
expanding border security initiatives and additional U.S. Border 
Patrol resources are likely obstructing regularly used smuggling 
routes and fueling this increase in violence, particularly violence 
directed at law enforcement officers. Alien smugglers and guides are 
more likely than in past years to use violence against U.S. law 
enforcement officers in order to smuggle groups of aliens across the 
southwest border. In July 2009, a border patrol agent was killed while 
patrolling the border by aliens illegally crossing the border, the 
first shooting death of an agent in more than 10 years. Conflicts are 
also emerging among rival alien smuggling organizations. Assaults, 
kidnappings, and hostage situations attributed to this conflict are 
increasing, particularly in Tucson and Phoenix, Arizona. Communities 
across the country are at risk since among those individuals illegally 
crossing the border are criminal aliens and gang members who pose 
public safety concerns for communities throughout the country. 

Within the Department of Homeland Security (DHS), the Immigration and 
Customs Enforcement's Office of Investigations (OI) is responsible for 
investigating alien smuggling. In addition, DHS's Customs and Border 
Protection (CBP) and ICE's Office of Detention and Removal Operations 
(DRO) have alien smuggling-related programs. 

My testimony is based on a May 2010 report we are releasing publicly 
today on alien smuggling along the southwest border.[Footnote 1] As 
requested, like the report, my testimony will discuss the following 
key issues: (1) the amount of investigative effort OI has devoted to 
alien smuggling along the southwest border since fiscal year 2005 and 
an opportunity for ICE to use its investigative resources more 
effectively; (2) DHS progress in seizing assets related to alien 
smuggling since fiscal year 2005 and financial investigative 
techniques that could be applied along the southwest border to target 
and seize the monetary assets of smuggling organizations; and (3) the 
extent to which ICE/OI and CBP measure progress toward achieving alien 
smuggling-related program objectives. Our May 2010 report also 
provides a discussion of the extent to which ICE/OI and CBP have 
program objectives related to alien smuggling. 

For our report, we conducted site visits and interviews with officials 
in all four of the OI special agent-in-charge (SAC) offices along the 
southwest border. We also interviewed officials with six of the nine 
Border Patrol sectors along the southwest border and interviewed 
officials in all five U.S. Attorney's districts along the southwest 
border. The six Border Patrol sectors were selected based on their 
proximity to OI SAC offices we visited and their varying volumes of 
removable alien apprehensions. In addition, we interviewed the Arizona 
Attorney General and officials with the Arizona Attorney General's 
Financial Crimes Task Force and analyzed relevant court affidavits to 
obtain information on the results of their efforts to address alien 
smuggling in Arizona. We supplemented our interviews with analyses of 
OI case management data (fiscal years 2005 through 2009), Justice 
Department data on the outcome of alien smuggling cases presented for 
prosecution to U.S. Attorneys along the southwest border (fiscal years 
2005 through 2009), OI and Border Patrol asset seizure data (fiscal 
years 2005 through 2009), and reviews of CBP and ICE alien smuggling 
program documentation. We determined that despite limitations in 
certain data collection and oversight processes that are discussed 
more fully in our May 2010 report, case management, asset seizure, and 
alien smuggling case outcome data were sufficiently reliable for the 
purposes of our report. More detailed information on our scope and 
methodology appears in our May 2010 report. Our work was performed in 
accordance with generally accepted government auditing standards. 

OI Work Years Spent Investigating Alien Smuggling along the Southwest 
Border Recently Increased; Opportunity Exists to Better Leverage 
Resources: 

OI work years devoted to investigating alien smuggling along the 
southwest border increased from about 190 work years in fiscal year 
2005 to about 197 work years in fiscal year 2009, an overall increase 
of 4 percent, with hundreds of arrests, indictments, and convictions 
resulting. The overall number of work years decreased from about 190 
work years in fiscal year 2005 to 174 in fiscal year 2008, but 
increased 23 work years from fiscal years 2008 to 2009 primarily due 
to an increase in one office. The percentage of time OI investigators 
spend on alien smuggling investigations, versus other investigative 
areas, such as drugs, has remained steady during this time period at 
16-17 percent. 

Figure 1: OI Investigator Work Years Spent Addressing Alien Smuggling 
on the Southwest Border (Fiscal Years 2005 through 2009): 

[Refer to PDF for image: vertical bar graph] 

Fiscal year: 2005; 
Work years: 190. 

Fiscal year: 2006; 
Work years: 169. 

Fiscal year: 2007; 
Work years: 174. 

Fiscal year: 2008; 
Work years: 174. 

Fiscal year: 2009; 
Work years: 197. 

Source: GAO analysis of OI TECS data. 

[End of figure] 

DHS's Human Capital Accountability Plan states that DHS is committed 
to ensuring that human capital resources are aligned with mission 
accomplishments and are deployed efficiently and effectively. However, 
in some cases OI investigators are conducting immigration-related 
activities that are not consistent with OI's primary mission of 
conducting criminal investigations. Officials from two of the four SAC 
offices we visited told us that OI has been tasked to respond to calls 
from state and local law enforcement agencies to transport and process 
apprehended aliens who may be subject to removal, which diverts OI 
resources from conducting alien smuggling and other investigations. 
For example, according to officials in one SAC office, the equivalent 
of two full-time investigators each week spent their time responding 
to non-investigation-related calls during fiscal year 2009. In 2006, 
in the Phoenix metropolitan area, ICE's DRO developed the Law 
Enforcement Agency Response (LEAR) program, in which DRO took over 
responsibility from OI for transporting and processing apprehended 
aliens. DRO processed 3,776 aliens from October 1, 2008, to May 24, 
2009, who otherwise OI would have had to process, thus enabling OI 
agents to spend more time on investigations. DRO headquarters 
officials stated that they have discussed expanding the LEAR program 
beyond Phoenix but have yet to conduct an evaluation to identify the 
best locations for expanding the program. By studying the feasibility 
of expanding the LEAR program, and expanding the program if feasible, 
ICE would be in a better position to help ensure that its resources 
are more efficiently directed toward alien smuggling and other 
priority investigations. Therefore, in our May 2010 report, we 
recommended ICE take such action. ICE concurred with our 
recommendation and stated that as a first step in potentially 
expanding the program nationwide, DRO's Criminal Alien Division 
prepared and submitted a resource allocation plan proposal for its 
fiscal year 2012 budget. 

Alien Smuggling Asset Seizures Have Decreased since 2005; 
Opportunities Exist to Leverage Additional Financial Investigative and 
Seizure Techniques: 

The value of OI alien smuggling asset seizures has decreased since 
fiscal year 2005, and two promising opportunities exist that could be 
applied to target and seize the monetary assets of smuggling 
organizations. According to OI data, the value of alien smuggling 
seizures nationwide increased from about $11.2 million in fiscal year 
2005 to about $17.4 million in fiscal year 2007, but declined to $12.1 
million in fiscal year 2008 and to about $7.6 million in fiscal year 
2009. 

Table 1: OI Alien Smuggling Assets Seized in Fiscal Years 2005 through 
2009 Nationwide: 

Dollars in thousands: 

Fiscal year: 2005; 
Value of currency seized: $4,197; 
Value of vehicles seized: $3,433; 
Value of vessels (e.g., boats) seized: $2,427; 
Value of real estate seized: $691; 
Total value of currency, vehicles, and real estate seized: $10,748; 
Value of all assets seized: $11,212; 
Value of currency, vehicle, vessel and real estate seized as a 
percentage of total assets seized: 96%. 

Fiscal year: 2006; 
Value of currency seized: $3,720; 
Value of vehicles seized: $3,710; 
Value of vessels (e.g., boats) seized: $2,055; 
Value of real estate seized: $4,034; 
Total value of currency, vehicles, and real estate seized: $13,519; 
Value of all assets seized: $14,220; 
Value of currency, vehicle, vessel and real estate seized as a 
percentage of total assets seized: 95%. 

Fiscal year: 2007; 
Value of currency seized: $3,432; 
Value of vehicles seized: $5,957; 
Value of vessels (e.g., boats) seized: $4,118; 
Value of real estate seized: $3,433; 
Total value of currency, vehicles, and real estate seized: $16,940; 
Value of all assets seized: $17,396; 
Value of currency, vehicle, vessel and real estate seized as a 
percentage of total assets seized: 97%. 

Fiscal year: 2008; 
Value of currency seized: $1,836; 
Value of vehicles seized: $5,275; 
Value of vessels (e.g., boats) seized: $3,618; 
Value of real estate seized: $818; 
Total value of currency, vehicles, and real estate seized: $11,547; 
Value of all assets seized: $12,169; 
Value of currency, vehicle, vessel and real estate seized as a 
percentage of total assets seized: 95%. 

Fiscal year: 2009; 
Value of currency seized: $1,679; 
Value of vehicles seized: $3,280; 
Value of vessels (e.g., boats) seized: $2,013; 
Value of real estate seized: $140; 
Total value of currency, vehicles, and real estate seized: $7,112; 
Value of all assets seized: $7,613; 
Value of currency, vehicle, vessel and real estate seized as a 
percentage of total assets seized: 93%. 

Source: GAO analysis of OI data. 

Note: Values have been adjusted to account for inflation. 

[End of table] 

One opportunity to leverage additional seizure techniques involves 
civil asset forfeiture authority, which allows federal authorities to 
seize property used to facilitate a crime without first having to 
convict the property owner of a crime. OI investigators indicated that 
lack of such authority makes it difficult to seize real estate 
involved in alien smuggling activity. In 2005, we recommended that the 
Attorney General, in collaboration with the Secretary of Homeland 
Security, consider submitting to Congress a legislative proposal, with 
appropriate justification, for amending the civil forfeiture authority 
for alien smuggling. Justice prepared such a proposal and it was 
incorporated into several larger bills addressing immigration 
enforcement or reform since 2005, but none of these bills had been 
enacted into law as of July 2010. According to Justice officials, the 
current administration has not yet taken a position on civil asset 
forfeiture authority for alien smuggling cases. We continue to believe 
it is important for Justice to seek the civil asset forfeiture 
authority it has identified as necessary to seize property used to 
facilitate alien smuggling. Thus, in our May 2010 report, we 
recommended that the Attorney General assess whether amending the 
civil asset forfeiture authority remains necessary, and if so, develop 
and submit to Congress a legislative proposal. Justice concurred with 
this recommendation. 

A second opportunity involves assessing the financial investigative 
techniques used by an Arizona Attorney General task force. The task 
force seized millions of dollars and disrupted alien smuggling 
operations by following cash transactions flowing through money 
transmitters that serve as the primary method of payment to those 
individuals responsible for smuggling aliens. By analyzing money 
transmitter transaction data, task force investigators identified 
suspected alien smugglers and those money transmitter businesses that 
were complicit in laundering alien smuggling proceeds. ICE officials 
stated that a fuller examination of Arizona's financial investigative 
techniques and their potential to be used at the federal level would 
be useful. An overall assessment of whether and how these techniques 
may be applied in the context of disrupting alien smuggling could help 
ensure that ICE is not missing opportunities to take additional 
actions and leverage resources to support the common goal of 
countering alien smuggling. In our May 2010 report, we recommended 
that ICE conduct an assessment of the Arizona Attorney General's 
financial investigations strategy to identify any promising 
investigative techniques for federal use. ICE concurred with our 
recommendation and stated that the week of April 12, 2010, ICE 
participated in the inaugural meeting of the Southwest Border Anti-
Money Laundering Alliance, a body consisting of federal, state, and 
local law enforcement agencies along the southwest border. The main 
purpose of the meeting was to synchronize enforcement priorities and 
investigative techniques. However, while these are positive steps 
toward combating money laundering along the southwest border, it is 
not clear to what extent these actions will result in ICE evaluating 
the use of the Arizona Attorney General's financial investigative 
techniques. 

OI and CBP Could Do More to Better Measure Progress toward Achieving 
Alien Smuggling-Related Program Objectives: 

OI and CBP have not fully evaluated progress toward achieving alien 
smuggling-related program objectives. Federal standards for internal 
control call for agencies to establish performance measures and 
indicators in order to evaluate the effectiveness of their efforts. 
One of the major objectives of OI's alien smuggling investigations is 
to seize smugglers' assets, but OI does not have performance measures 
for asset seizures related to alien smuggling cases. Tracking the use 
of asset seizures in alien smuggling investigations as a performance 
measure could help OI monitor its progress toward its goal of denying 
smuggling organizations the profit from criminal acts. Thus, in our 
May 2010 report, we recommended that ICE develop performance measures 
for asset seizures related to alien smuggling investigations. ICE 
concurred with the recommendation and stated that ICE is in the 
process of assessing all of its performance measures and creating a 
performance plan. 

In addition, ICE operates the Mexican Interior Repatriation Program 
(MIRP), which removes aliens apprehended during the hot and dangerous 
summer months to the interior of Mexico to deter them from reentering 
the United States and to reduce loss of life. However, ICE does not 
know the effectiveness of MIRP at disrupting alien smuggling 
operations or saving lives because ICE lacks performance measures for 
the program. Thus, in our May 2010 report, we recommended that ICE 
develop performance measures for MIRP. ICE did not agree with this 
recommendation because it believed that performance measures for this 
program would not be appropriate. According to ICE, any attempt to 
implement performance measures for MIRP to emphasize the number of 
Mexican nationals returned or the cost-effectiveness of the program 
would shift its focus away from the program's original lifesaving 
intent and diminish and possibly endanger cooperation with the 
government of Mexico. However, we believe that performance measures 
would be consistent with the Memorandum of Understanding (MOU) signed 
by the United States and Mexico related to MIRP which calls for 
evaluation by appropriate officials. Thus, we believe that measuring 
MIRP's program performance would be consistent with the MOU's intent. 

CBP operates several programs that address alien smuggling, such as 
the Operation Against Smugglers Initiative on Safety and Security 
program (OASISS) in which suspected alien smugglers apprehended in the 
United States are prosecuted by Mexican authorities. In addition, 
CBP's Operation Streamline prosecutes aliens for illegally entering 
the United States in order to deter them from reentering the United 
States. Lack of accurate and consistent performance data has limited 
CBP's ability to evaluate its alien smuggling-related programs. CBP is 
in preliminary discussions to establish systematic program 
evaluations, but has not established a plan, with time frames, for 
their completion. Standard practices in project management for 
defining, designing, and executing programs include developing a 
program plan to establish an order for executing specific projects 
needed to obtain defined results within a specified time 
frame.[Footnote 2] Developing a plan with time frames could help CBP 
ensure that the necessary mechanisms are put in place so that it can 
conduct the desired program evaluations. Therefore, in our May 2010 
report, we recommended that the Commissioner of CBP establish a plan, 
including performance measures, with time frames, for evaluating CBP's 
alien smuggling-related enforcement programs. CBP concurred with our 
recommendation and stated that it is developing a plan that will 
include program mission statements, goals, objectives, and performance 
measures. CBP stated that it also has begun gathering data and holding 
workshops on developing performance measures for some of it programs. 
However it is not clear to what extent these actions will include time 
frames for evaluating CBP's enforcement efforts. 

This concludes my prepared testimony. I would be pleased to respond to 
any questions that members of the subcommittee may have. 

Contacts and Acknowledgments: 

For further information regarding this testimony, please contact 
Richard M. Stana at (202) 512-8777 or stanar@gao.gov. In addition, 
contact points for our Offices of Congressional relations and Public 
Affairs may be found on the last page of this statement. Individuals 
who made key contributions to this testimony are Assistant Director 
Michael P. Dino, Ben Atwater, Bintou Njie, and Katherine Davis. 

[End of section] 

Footnotes: 

[1] GAO, Alien Smuggling: DHS Needs to Better Leverage Investigative 
Resources and Measure Program Performance along the Southwest Border, 
[hyperlink, http://www.gao.gov/products/GAO-10-328] (Washington, D.C.: 
May 24, 2010). 

[2] The Project Management Institute, The Standard for Program 
Management (2006). 

[End of section] 

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