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Border Patrol: Actions Needed to Improve Checkpoint Oversight and Data

GAO-22-104568 Published: Jun 06, 2022. Publicly Released: Jun 06, 2022.
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Fast Facts

U.S. Border Patrol's immigration checkpoints operate 25 to 100 miles inland from the borders. At checkpoints, agents screen vehicles to identify people in the U.S. unlawfully and they may enforce U.S. criminal laws, such as by seizing illegal drugs.

Agents are required to collect data on checkpoint activity, including how many smuggled people are apprehended and how many drug seizures were made using canines. However, we found that agents at checkpoints inconsistently documented this data, which makes oversight of these checkpoints difficult.

We recommended that Border Patrol take several actions to strengthen checkpoint oversight and data.

Border Patrol Checkpoint Canine Team Inspects a Vehicle

border patrol agent and dog inspecting an SUV

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Highlights

What GAO Found

U.S. Border Patrol operates immigration checkpoints at more than 110 locations on U.S. highways and secondary roads, generally 25 to 100 miles inland from the southwest and northern borders. According to Border Patrol data, from fiscal years 2016 through 2020, Border Patrol apprehended about 35,700 potentially removable people in about 17,500 events at checkpoints. During the same period, Border Patrol seized drugs in about 17,970 events at checkpoints. GAO found that most drug seizure events involved only U.S. citizens (91 percent), of which 75 percent involved the seizure of marijuana and no other drugs.

Border Patrol Checkpoint Events by Type, Fiscal Years 2016 through 2020

HLP_5 - 104568

GAO found that while Border Patrol data on apprehensions and drug seizures were generally reliable, certain other checkpoint activity data, including on apprehensions of smuggled people and canine assists with drug seizures, were unreliable. For example, although sector officials said canines were integral to checkpoint drug seizures, there was wide variation across sectors in how often agents documented canine assists with such events. Additionally, Border Patrol developed a tool to collect information about outcomes of secondary inspections at checkpoints. However, because the agency did not require agents to use the tool, only about half of checkpoints did so. Without reliable checkpoint data, Border Patrol does not have the information it needs to assess checkpoint effectiveness, ensure proper resource allocation, or explain checkpoint operations.

Border Patrol established the Checkpoint Program Management Office (CPMO) in 2013 to oversee checkpoint operations. However, Border Patrol has not demonstrated a sustained commitment to ensuring that CPMO carries out its checkpoint oversight activities or held CPMO accountable for implementing these activities. For example, CPMO was not reviewing checkpoint resources and technology—an activity assigned to it by Border Patrol. Further, Border Patrol has not established clear roles and responsibilities for CPMO, consistently and adequately staffed it, or ensured that newly assigned staff have the information they need to carry out CPMO activities. For example, documentation for new staff did not include details on tasks or the past activities of the office. By addressing these program management weaknesses, Border Patrol could ensure that CPMO is better positioned to fulfill its checkpoint oversight mission.

Why GAO Did This Study

Border Patrol has primary responsibility for securing the border between U.S. ports of entry. As part of its border enforcement strategy, Border Patrol operates immigration checkpoints where Border Patrol agents screen vehicles to identify people of foreign nationality who are potentially removable and they may enforce U.S. criminal law, such as seizing illegal drugs and interdicting human smugglers. GAO was asked to review Border Patrol's use of immigration checkpoints.

This report examines: (1) available data about Border Patrol checkpoint activity, (2) the extent Border Patrol collects reliable data about checkpoint activity, and (3) how Border Patrol oversees checkpoint operations, among other objectives. GAO analyzed Border Patrol documents and data on checkpoint activity for fiscal years 2016 through 2020 (the most recent available); interviewed officials from Border Patrol headquarters, sectors, and 13 selected checkpoints; and reviewed prior GAO work on Border Patrol checkpoints.

Recommendations

GAO is making seven recommendations, including that Border Patrol take several actions to strengthen checkpoint oversight and data. DHS concurred with each of the recommendations.

Recommendations for Executive Action

Agency Affected Recommendation Status
U.S. Border Patrol 1. The Chief of Border Patrol should ensure that sectors and the Checkpoint Program Management Office (CPMO) are overseeing that checkpoint activity data are consistently and accurately recorded. This should include (but not be limited to) overseeing data on apprehensions of smuggled people, canine assists with drug seizures, seizures of trace amounts of marijuana, non-drug property seizures, and attempted checkpoint circumventions. (Recommendation 1)
Open
Border Patrol agreed with this recommendation. As of June 2023, Border Patrol officials told us that the Checkpoint Program Management Office (CPMO) had completed site visits and meetings with nearly 80 percent of southwest border checkpoints to establish a baseline of checkpoint performance. During these visits, CPMO identified some issues with data entry and integrity. By June 2024, CPMO plans to (1) conduct an initial review of its processing system issues related to data and (2) develop action plans and guidance regarding the consistency and accuracy of data associated with checkpoint operations, in coordination with subject matter experts at headquarters and in the field. After developing action plans and guidance, CPMO plans to review its data systems and reports quarterly. In addition, CPMO plans to meet regularly with Border Patrol sectors to discuss checkpoint data requirements, review data integrity, and monitor how sectors are ensuring that checkpoint data are consistently and accurately recorded. We will continue to monitor steps Border Patrol is taking to ensure that sectors and CPMO are ensuring that that checkpoint activity data are consistently and accurately recorded.
U.S. Border Patrol 2. The Chief of Border Patrol should ensure that Border Patrol uses its data system to document information about all people for whom a checkpoint encounter leads to a subsequent enforcement action. (Recommendation 2)
Open
Border Patrol agreed with this recommendation. As of June 2023, Border Patrol officials told us that the Checkpoint Program Management Office (CPMO) had completed site visits and meetings with nearly 80 percent of southwest border checkpoints to establish a baseline of checkpoint performance. During these visits, CPMO identified some issues with data entry and integrity. By June 2024, CPMO plans to (1) conduct an initial review of its processing system issues related to data and (2) develop action plans and guidance regarding the consistency and accuracy of data associated with checkpoint operations, including data on checkpoint apprehensions and seizures. CPMO will conduct this work in coordination with subject matter experts at headquarters and in the field. After developing action plans and guidance, CPMO plans to review its data systems and reports quarterly. In addition, CPMO plans to meet regularly with Border Patrol sectors to discuss checkpoint data requirements, review data integrity, and monitor how sectors are ensuring that checkpoint data are consistently and accurately recorded. We will continue to monitor steps Border Patrol is taking to ensure that Border Patrol uses its data system to document all people for whom a checkpoint encounter leads to a subsequent enforcement action.
U.S. Border Patrol 3. The Chief of Border Patrol should require checkpoints with license plate readers to document secondary inspections by using the Border Enforcement Secondary Tool as intended. (Recommendation 3)
Open
Border Patrol agreed with this recommendation. As of June 2023, Border Patrol officials told us that the Checkpoint Program Management Office (CPMO) had completed site visits and meetings with nearly 80 percent of southwest border checkpoints to establish a baseline of checkpoint performance. These site visits found consistent problems with checkpoints using the Border Enforcement Secondary Tool. By mid-2024, Border Patrol plans to coordinate with internal stakeholders to identify technology, infrastructure, and communications requirements to successfully implement the Border Enforcement Secondary Tool. After that, Border Patrol plans to issue a memorandum mandating the use of the tool at checkpoints where successful implementation can occur and to regularly meet with sectors and other stakeholders to ensure its successful use. We will continue to monitor steps Border Patrol is taking to implement the Border Enforcement Secondary Tool.
U.S. Border Patrol 4. The Chief of Border Patrol should provide sustained oversight of CPMO and hold it accountable for implementing its checkpoint oversight activities. (Recommendation 4)
Open
Border Patrol agreed with this recommendation. As of June 2023, Border Patrol officials told us that the Checkpoint Program Management Office (CPMO) had completed site visits and meetings with nearly 80 percent of southwest border checkpoints to establish a baseline of checkpoint performance. As a result of those visits, CPMO identified a need for updated CPMO and checkpoint policies and is coordinating with internal stakeholders to draft them. By December 2024, Border Patrol plans to (1) develop a foundational document to identify headquarters and sector CPMO roles, responsibilities, and structure and (2) develop standard operating procedures for sector and program management oversight of CPMO. Border Patrol anticipates that this sector and program management oversight will include (1) quarterly meetings between CPMO and sector personnel; (2) developing CPMO metrics for annual sector and headquarters reports; and (3) yearly CPMO status reports to Border Patrol leadership, to include information from sector annual reports. We will continue to monitor steps Border Patrol is taking to provide sustained oversight of CPMO and hold it accountable for implementing its checkpoint oversight activities.
U.S. Border Patrol 5. The Chief of Border Patrol should ensure that CPMO is consistently and adequately staffed. (Recommendation 5)
Open
Border Patrol agreed with this recommendation. As of June 2023, Border Patrol officials told us that CPMO plans to develop an appropriate staffing model after it completes an initial staffing assessment. Until that time, CPMO does not plan to make changes to its current staffing model. Before CPMO can complete an initial staffing assessment, Border Patrol plans to (1) develop a foundational document to identify headquarters and sector CPMO roles, responsibilities, and structure and (2) develop standard operating procedures for sector and program management oversight of CPMO. We will continue to monitor steps Border Patrol is taking to ensure that CPMO is consistently and adequately staffed.
U.S. Border Patrol 6. The Chief of Border Patrol should update CPMO's roles and responsibilities and communicate them across Border Patrol, including to sectors. (Recommendation 6)
Open
Border Patrol agreed with this recommendation. As of June 2023, Border Patrol officials told us that by December 2024, Border Patrol plans to develop (1) a foundational document to identify headquarters and sector CPMO roles, responsibilities, and structure and (2) standard operating procedures for sector and program management oversight of CPMO. Border Patrol plans to coordinate with headquarters and sector officials to develop these documents, which will include an updated checkpoint policy, and to publish them when complete. We will continue to monitor steps Border Patrol is taking to update CPMO's roles and responsibilities and communicate them across Border Patrol.
U.S. Border Patrol 7. The Chief of Border Patrol should develop policies and procedures for CPMO's checkpoint oversight activities. (Recommendation 7)
Open
Border Patrol agreed with this recommendation. As of June 2023, Border Patrol officials told us that by December 2024, Border Patrol plans to develop (1) a foundational document to identify headquarters and sector CPMO roles, responsibilities, and structure and (2) standard operating procedures for sector and program management oversight of CPMO. Border Patrol plans to coordinate with headquarters and sector officials to develop these documents, which will include an updated checkpoint policy, and to publish them when complete. We will continue to monitor steps Border Patrol is taking to develop policies and procedures for CPMO's checkpoint oversight activities.

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Topics

Border controlBorder patrolHomeland securityImmigrationImmigration enforcementLaw enforcementSearch and seizureSmugglingMarijuanaDrugs