Immigration Enforcement: Arrests, Removals, and Detentions Varied Over Time and ICE Should Strengthen Data Reporting
Fast Facts
U.S. Immigration and Customs Enforcement enforces the nation's immigration laws by arresting, detaining, and removing noncitizens from the United States.
We found that in its public reports, ICE understates the total number of people it detains. In its calculations, ICE excludes people who were first booked into certain temporary facilities before being transferred to immigration detention facilities for their time in detention. This exclusion amounts to tens of thousands of people. ICE also does not fully explain its rationale for doing it this way.
We recommended that ICE report data on all its detentions and explain any exclusions.
Highlights
What GAO Found
The number of U.S. Immigration and Customs Enforcement (ICE) arrests and removals declined from 2019 through 2021, and then increased in 2022, according to GAO's analysis of ICE data:
- The number of arrests varied from calendar years 2019 through 2022 but increased overall, from 133,541 arrests for 2019 to 154,204 arrests for 2022.
- While increasing slightly in 2022, since 2019 removals have declined significantly from 276,122 for 2019 to 81,547 for 2022.
Regarding detentions, ICE's public reporting understates the total number of individuals detained, according to GAO's analysis. In its calculations, ICE excludes individuals who were first booked into certain temporary facilities but were subsequently detained in an ICE immigration detention facility. GAO's analysis shows that this exclusion amounts to tens of thousands of individuals (see fig.). In its annual reporting of detentions, ICE does not fully explain the rationale and basis for its methodology.
Total Number of ICE Detentions Compared to ICE's Methodology for Public Reporting of Initial Book-ins, 2019-2022
Note: ICE uses a subset of detention data when reporting annual initial book-ins. GAO calculated the total number of initial detentions by identifying all initial “book-ins” for each year where an individual was recorded in ICE data as having been detained in an ICE detention facility for one day or more.
From 2019 through 2022, ICE updated its policies for making enforcement decisions to reflect changing priorities. From 2019 to January 2021, DHS policy directed ICE to take enforcement action against all removable noncitizens. In September 2021, DHS updated its policy to prioritize action against noncitizens who are deemed a threat to national security, public safety, or border security. ICE's policy also establishes how its officers are to identify individuals within selected vulnerable populations such as those with a mental health condition.
ICE collects detention data related to select vulnerable populations in accordance with agency guidance. GAO's analysis of ICE's data showed that generally detentions of select vulnerable populations varied across the years but were lower in 2020 through 2022 compared to 2019. The average length of stay decreased from 2019 to 2022 for these populations.
Why GAO Did This Study
ICE, within the Department of Homeland Security (DHS), is responsible for enforcing the nation's immigration laws. Citing limited resources, ICE states that it cannot respond to all immigration violations or act on all persons determined to be removable from the U.S. It therefore prioritizes its enforcement actions.
GAO was asked to review ICE immigration enforcement priorities. This report examines, among other things, (1) ICE data on immigration enforcement actions from 2019 through 2022, and the extent to which ICE is reporting data on all immigration detentions; (2) ICE's implementation of immigration enforcement policies; and (3) ICE data on detentions of select vulnerable populations.
GAO analyzed ICE enforcement action data for calendar years 2019 through 2022 (2022 being the most recent year that data were available). GAO also reviewed ICE policies and procedures, and interviewed agency officials.
Recommendations
GAO is recommending that ICE publicly report (1) data on all detentions of individuals in ICE detention facilities, and (2) its explanation of the methodology used to report detention statistics. DHS did not concur with the recommendations, stating ICE already reports sufficient information. GAO continues to believe ICE should report complete and transparent information on its annual detentions.
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| United States Immigration and Customs Enforcement |
Priority Rec.
The Director of ICE should report data on the total number of detentions of individuals in ICE immigration detention facilities as part of its public reporting on annual detention statistics. (Recommendation 1) |
In July 2024, we reported on ICE's immigration enforcement efforts and data reporting. We found that ICE's public reporting of detention data understates the total number of individuals detained. In its calculations, ICE excludes individuals who were first booked into certain temporary facilities but were subsequently detained in an ICE immigration detention facility, resulting in the exclusion of tens of thousands of individuals from its detention data. As a result, we recommended that ICE report data on the total number of detentions of individuals in ICE immigration detention facilities as part of its public reporting on annual detention statistics. DHS did not concur with this recommendation. In February 2024, ICE reiterated its non-concurrence, stating that it reports initial book-in data for individuals detained in ICE custody, and that detentions originating at temporary sites are appropriately accounted for in separate publicly reported statistics, such as currently detained and average length of stay data. ICE maintains that it reports adequate detention statistics; however, the agency reported that it will modify its detention stay reporting for fiscal year 2025 to include in its length of stay calculations those detentions originating at temporary facilities. While including detentions originating at temporary facilities may provide greater transparency into how long individuals are detained, this action does not address the intent of our recommendation. ICE's current methodology for calculating detention books-ins does not take into account thousands of detentions that originated in temporary facilities, as recorded in ICE's database. As a result, ICE is reporting an undercount of annual detentions. ICE needs to report data on the total number of individuals in ICE immigration detention facilities to help ensure the public and decisionmakers have a more complete understanding and proper context of annual detentions.
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| United States Immigration and Customs Enforcement | The Director of ICE should fully explain the methodology used to calculate and report annual detention statistics included in its public reporting. (Recommendation 2) |
In July 2024, we reported on ICE's immigration enforcement efforts and data reporting. We found that ICE reports on various annual detention statistics, such as the average daily population in detention and the average length of stay of individuals in detention. However, ICE does not fully explain the methodology it uses to calculate and publicly report these detention statistics. In its public reporting, ICE does not define what it means by initial book-ins or explain its methodology for determining initial book-ins. In particular, ICE does not explain that its methodology excludes detentions of individuals booked into certain temporary facilities before beginning their detention stay in an ICE detention facility. As a result, Congress and the public do not have a clear understanding of what ICE's detention data represent or how to use or interpret the data. We recommended that ICE should fully explain the methodology used to calculate and report annual detention statistics included in its public reporting. ICE did not concur with this recommendation. However, in February 2024 ICE revised its position, stating that it did concur with the recommendation. According to ICE, Enforcement and Removal Operations will edit the standardized footnotes on data excluded from the initial book-in data noted in public reporting. In a prior conversation with ICE officials, they stated that the official definition of an ICE initial book-in is the number of initial book-ins into ICE facilities. Officials noted that this definition does not include juveniles who are transferred to Office of Refugee Resettlement (ORR) custody or housed in an ORR facility and also excludes individuals in U.S. Marshals Service custody. Transfers within 72 hours between ICE facilities are not counted as new detention events, and noncitizens may be booked into ICE facilities more than once without triggering a new detention event. ICE's estimates that it will address this recommendation by the end of fiscal year 2025. We will continue to monitor ICE's efforts.
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