Recommendation: To strengthen the transparency of the complaints process, the Secretary of Homeland Security should direct CBP and ICE to develop and issue guidance on how and which complaint mechanisms should be communicated to individuals in custody at holding facilities.

Agency: Department of Homeland Security
Status: Open

Comments: In May 2016, we reported on the Department of Homeland Security's management and oversight of short-term holding facilities. We found, for example, that only 4 of 17 Border Patrol holding facilities posted information on how individuals can contact the DHS OIG to file general complaints, and the remaining facilities did not have information posted on any complaint mechanisms, such as the Joint Intake Center or CBP INFO Center. In December 2016, ICE Enforcement and Removal Operations (ERO) sent a broadcast to ICE field offices stating that posters should be visible at all of ICE ERO temporary holding facilities. This broadcast directed ICE ERO Field Office staff to immediately post copies of the Detention Reporting and Information Line poster, both in English and in Spanish, in temporary confinement areas or other areas so that it is visible to individuals in custody at ICE ERO temporary holding facilities. With regard to CBP, in October 2019, officials informed us there is no current CBP guidance requiring signage in CBP holding facilities to communicate complaint mechanisms other than the Prison Rape Elimination Act poster, which relates to reporting mechanisms for any potential incidents of sexual abuse and assault. In September 2020, CBP told us it planned to implement the necessary corrective actions to close this recommendation by March 31, 2021. In order to be able to close the recommendation as implemented, we will need to see updated guidance to the field about the posters that should be displayed in CBP facilities.

Recommendation: To increase the efficiency and improve the accuracy of the interagency UAC referral and placement process, the Secretaries of Homeland Security and Health and Human Services should jointly develop and implement a documented interagency process with clearly defined roles and responsibilities, as well as procedures to disseminate placement decisions, for all agencies involved in the referral and placement of UAC in HHS shelters.

Agency: Department of Homeland Security
Status: Open
Priority recommendation

Comments: Since our 2015 report, DHS and HHS developed two documents to guide interagency procedures related to the processing of UAC. Specifically, in April 2018, HHS and DHS established a memorandum of agreement regarding information sharing for UAC. Subsequently, on July 31, 2018, DHS and HHS issued a Joint Concept of Operations to memorialize interagency policies, procedures, and guidelines related to the processing of UAC. However, in February 2020, we reported that DHS and HHS officials' indicated that, in practice, the agencies have not resolved long-standing differences in opinion about whether and how agencies are to share information, and what type of information is needed to inform decisions about the care and placement of UAC. In commenting on our draft report, DHS stated that its components are working with HHS to document current information sharing practices, to validate remaining information sharing gaps, and to draft a joint plan between DHS and HHS to ensure that HHS receives information needed to make decisions for UAC. In their comments, HHS officials stated that they intend to reach out to counterparts at DHS in June 2020 to discuss potential periodic updates to the Joint Concept of Operations. In August 2020, DHS informed us that the department is working with HHS to document current information sharing practices, validate gaps, and draft a joint plan between DHS and HHS, among other actions. DHS estimates that it will complete these actions by March 31, 2021. To fully address the recommendation, DHS and HHS should ensure that they have implemented procedures aimed at improving the efficiency and accuracy of the interagency UAC referral and placement process.

Recommendation: To increase the efficiency and improve the accuracy of the interagency UAC referral and placement process, the Secretaries of Homeland Security and Health and Human Services should jointly develop and implement a documented interagency process with clearly defined roles and responsibilities, as well as procedures to disseminate placement decisions, for all agencies involved in the referral and placement of UAC in HHS shelters.

Agency: Department of Health and Human Services
Status: Open
Priority recommendation

Comments: Since our 2015 report, DHS and HHS developed two documents to guide interagency procedures related to the processing of UAC. Specifically, in April 2018, HHS and DHS established a memorandum of agreement regarding information sharing for UAC. Subsequently, on July 31, 2018, DHS and HHS issued a Joint Concept of Operations to memorialize interagency policies, procedures, and guidelines related to the processing of UAC. However, in February 2020, we reported that DHS and HHS officials' indicated that, in practice, the agencies have not resolved long-standing differences in opinion about whether and how agencies are to share information, and what type of information is needed to inform decisions about the care and placement of UAC. In commenting on our draft report, DHS stated that its components are working with HHS to document current information sharing practices, to validate remaining information sharing gaps, and to draft a joint plan between DHS and HHS to ensure that HHS receives information needed to make decisions for UAC. In their comments, HHS officials stated that they intend to reach out to counterparts at DHS in June 2020 to discuss potential periodic updates to the Joint Concept of Operations. In August 2020, DHS informed us that the department is working with HHS to document current information sharing practices, validate gaps, and draft a joint plan between DHS and HHS, among other actions. DHS estimates that it will complete these actions by March 31, 2021. To fully address the recommendation, DHS and HHS should ensure that they have implemented procedures aimed at improving the efficiency and accuracy of the interagency UAC referral and placement process.

Recommendation: To improve the acquisition management of the Plan and the reliability of its cost estimates and schedules, assess the effectiveness of deployed technologies, and better inform CBP's deployment decisions, once data on asset assists are required to be recorded and tracked, the Commissioner of CBP should analyze available data on apprehensions and seizures and technological assists, in combination with other relevant performance metrics or indicators, as appropriate, to determine the contribution of surveillance technologies to CBP's border security efforts.

Agency: Department of Homeland Security: United States Customs and Border Protection
Status: Open
Priority recommendation

Comments: In 2014, CBP expanded its Arizona Border Surveillance Technology Plan to the Southwest Border Technology Plan. In February 2015, the Border Patrol took steps to address this recommendation by developing the Capability Gap Analysis Process (CGAP) with the support of Johns Hopkins University's Applied Physics Lab to examine the effects of technology and other assets. In May 2017, Border Patrol officials demonstrated a new system, intended to allow for more comprehensive analysis of the contributions of surveillance technologies to Border Patrol's mission during the CGAP process. As of March 2019, Border Patrol is now able to generate a performance report, using data collected from multiple systems, on how surveillance technologies have assisted agents during operations, including Border Patrol apprehensions. In February 2020 Border Patrol officials stated the data gathered in the report were reliable. They also provided examples of how they use available performance data to help identify gaps in capabilities and inform future investments in surveillance technologies. Border Patrol officials are also developing a surveillance capability score intended to represent the combined contributions of individual technology assets and agents on patrol to conduct surveillance in a given area. Border Patrol plans to report this score in fiscal year 2021, according to documentation provided by Border Patrol. We view these efforts, as described, as important progress toward fulfilling our recommendation, and will review the planned surveillance capability score once it is implemented to determine whether Border Patrol has fully implemented our recommendation.

Recommendation: To better ensure that CBP's Office of Field Operations' (OFO) staffing processes are transparent and to help ensure CBP can demonstrate that these resource decisions have effectively addressed CBP's mission needs, the Commissioner of CBP should document the methodology and process OFO uses to allocate staff to land ports of entry on the southwest border, including the rationales and factors considered in making these decisions.

Agency: Department of Homeland Security: United States Customs and Border Protection
Status: Open

Comments: In May 2017, CBP's Office of Field Operations began working with a contractor to develop a comprehensive CBP position allocation methodology and tool. According to CBP officials, the purpose of this tool was to ensure a data driven, transparent process for allocating CBP resources--including staff--to land ports of entry on the southwest border. CBP officials stated that the contractor completed the tool in January 2018, CBP tested the tool in fiscal year 2018, and CBP planned to implement the tool in fiscal year 2019. However, CBP officials told us in September 2020 that a subsequent reorganization of the Office of Field Operations rendered the tool unusable without further modification. As a result, they used a manual method to allocate staff in fiscal year 2020 and plan to do the same in fiscal year 2021. As of September 2020, CBP officials planned to document the methodology and process they are now using to allocate staff to land ports of entry, including rationales and factors considered, by November 2020. This recommendation remains open.