Immigration Enforcement: Arrests, Detentions, and Removals, and Issues Related to Selected Populations
Fast Facts
We reported on data and trends related to U.S. Immigration and Customs Enforcement (ICE) activities in 2015–2018.
Arrests, detentions, and removals increased overall
Males; aliens from Mexico, Guatemala, El Salvador, and Honduras; and convicted criminals made up the majority of ICE arrests and removals
Detentions of transgender, pregnant, and disabled individuals increased
However, data on detained parents or legal guardians of U.S. citizen or permanent resident minors is not collected in a readily available format, so we couldn’t report it. We recommended that ICE collect and make this data readily available, as required by ICE policy.
Bar graph showing removals, detentions, and administrative arrests from 2015-2018
Highlights
What GAO Found
The numbers of administrative arrests (arrests), detentions, and removals of aliens (people who are not citizens or nationals of the United States) by U.S. Immigration and Customs Enforcement (ICE) varied during calendar years 2015 through 2018, and increased overall for the period. Males, aliens from four countries—Mexico, Guatemala, El Salvador, and Honduras—and convicted criminals accounted for the majority of ICE arrests and removals. The majority of detentions were made up of males, aliens from the same four countries, and non-criminals.
Enforcement and Removal Operations Administrative Arrests, Detentions, and Removals, Calendar Years 2015 through 2018
ICE has policies related to six of the selected populations GAO examined, including aliens who are: transgender, individuals with disabilities, individuals with mental disorders, juveniles, parents of minors, and pregnant. These policies provide guidance on identifying, detaining, caring for, and removing aliens in these populations. After issuance of the 2017 DHS memo, ICE removed language from its existing policies for individuals who are pregnant and parents of minors that it determined to be inconsistent with 2017 DHS memo.
Available ICE detention data show that detentions of transgender and pregnant individuals increased from calendar years 2016 to 2018 and detentions of individuals with disabilities increased from 2017 to 2018. Detentions at facilities staffed by ICE medical personnel of individuals with mental disorders and women who are nursing varied from calendar years 2015 to 2018. We found that ICE does 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. ICE officials said they have considered actions to identify this population, but are no longer considering these actions as of October 2019. Maintaining these data in a readily available format could help ensure that ICE personnel identify, evaluate, and share information on this population.
Why GAO Did This Study
In January 2017, the President issued Executive Order 13768 that instructs the Department of Homeland Security (DHS) to enforce U.S. immigration law against all removable individuals. In February 2017, the Secretary of DHS issued a memorandum (2017 DHS memo) establishing policy and providing guidance related to the Executive Order. Within DHS, ICE is responsible for providing safe confinement for detained aliens, including certain vulnerable populations.
GAO was asked to review ICE immigration enforcement priorities, including those for vulnerable populations. This report examines (1) ICE data on arrests, detentions, and removals from calendar years 2015 through 2018; (2) the policies in effect for selected populations and any changes ICE made to align these policies with the 2017 DHS memo; and (3) the extent to which ICE collects data on selected populations and what those data show.
GAO analyzed ICE data on arrests, detentions, and removals from calendars years 2015 through 2018; reviewed policies and documents on eight populations GAO selected based on ICE policies and input from organizations that represent various vulnerable populations; and interviewed agency officials.
Recommendations
GAO is recommending that ICE collect readily available data on detained parents or guardians of U.S. citizen and legal permanent resident minors. DHS did not concur with the recommendation. GAO continues to believe this recommendation is valid as discussed in the report.
Recommendations for Executive Action
| 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.
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