Recommendation: The Director of ICE should direct Custody Management to regularly conduct analyses of contracted facility inspections oversight data over time, within and across facilities and regions, and in a manner to enable trends in inspection deficiencies to be identified and addressed. (Recommendation 1)

Agency: Department of Homeland Security: United States Immigration and Customs Enforcement
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Director of ICE should direct the Office of Detention Oversight and Custody Management to take steps to ensure that data on deficiencies identified through Office of Detention Oversight's inspections are recorded in a format that is accessible to Custody Management for analysis purposes. (Recommendation 2)

Agency: Department of Homeland Security: United States Immigration and Customs Enforcement
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Director of ICE should regularly conduct analyses of data on deficiencies identified through Office of Detention Oversight's inspections. (Recommendation 3)

Agency: Department of Homeland Security: United States Immigration and Customs Enforcement
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Director of ICE should ensure that all Operational Review Self-Assessment results and corrective actions are recorded in a format that is conducive to tracking and analysis. (Recommendation 4)

Agency: Department of Homeland Security: United States Immigration and Customs Enforcement
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Director of ICE should regularly conduct analyses of detention-related complaint data from relevant offices, including analyses of data over time, within and across facilities and regions, and at a level necessary to identify and address potentially reoccurring complaints. (Recommendation 5)

Agency: Department of Homeland Security: United States Immigration and Customs Enforcement
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Director of ICE should require that ERO field offices record any actions taken on, and the resolutions of, detention-related complaints referred to them from the Detention Reporting and Information Line and Administrative Inquiry Unit in a timely manner. (Recommendation 6)

Agency: Department of Homeland Security: United States Immigration and Customs Enforcement
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Secretary of Homeland Security should identify the information about family members apprehended together that its components collectively need to process those family members and communicate that information to its components. (Recommendation 1)

Agency: Department of Homeland Security
Status: Open

Comments: According to DHS, in June 2020, DHS's Office of Immigration Statistics launched a Family Status Data Standards Community of Interest (COI) under the purview of the DHS Immigration Data Integration Initiative. In August 2020, DHS reported that the Family Status COI includes subject matter experts and data system managers from DHS components, the Department of Health and Human Services, and the Executive Office for Immigration Review. The COI's mandate includes drafting common DHS-wide and interagency data standards (common codes, common definitions, common formats) for all topics related to family status, including codes to identify the reasons for family separation, members apprehended together, and unaccompanied children. DHS expects to complete these actions by September 30, 2020. Identifying and communicating department-wide information needs with respect to family members who have been apprehended together should help provide DHS with greater assurance that its components are identifying all individuals who may be eligible for relief from removal from the United States based on their family relationships.

Recommendation: The Secretary of Homeland Security should ensure that, at the time of apprehension, CBP collects the information that DHS components collectively need to process family members apprehended together. (Recommendation 2)

Agency: Department of Homeland Security
Status: Open

Comments: In commenting on a draft of our report, DHS reported that its Office of Immigration Statistics (OIS) will work with relevant components and offices to ensure all required information is collected at the time of apprehension on the Form I-213 when processing family members apprehended together. As of August 2020, DHS reported that DHS OIS continues to work with relevant components and offices to ensure all required information is collected at the time of apprehension on Form I-213 when processing family members apprehended together. DHS expects to complete these actions by September 30, 2020. Collecting information about the relationships between family members apprehended together and documenting that information on the Form I-213 could help address fragmentation among DHS components and improve the information available to other agencies.

Recommendation: The Secretary of Homeland Security should ensure that CBP documents the information that DHS components collectively need to process family members apprehended together on the Form I-213. (Recommendation 3)

Agency: Department of Homeland Security
Status: Open

Comments: In commenting on a draft of our report, DHS reported that, upon implementation of the steps the department plans to take in response to our second recommendation, CBP will issue guidance to the field to ensure that CBP agents and officers document the information that DHS components collectively need to process family members. In August 2020, DHS reported that component agencies continue to collaborate to define the process of family members apprehended together, as will be reflected on CBP Form I-213. DHS estimates issuing this guidance by March 31, 2021. Collecting information about the relationships between family members apprehended together and documenting that information on the Form I-213 could help address fragmentation among DHS components and improve the information available to other agencies.immigration or other proceedings.

Recommendation: The Secretary of Homeland Security should evaluate options for developing a unique identifier shared across DHS components' data systems to link family members apprehended together. (Recommendation 4)

Agency: Department of Homeland Security
Status: Open

Comments: In commenting on a draft of our report, DHS reported that its Office of Immigration Statistics (OIS) plans to work with relevant components to develop a unique shared identifier linking family members apprehended together. According to DHS, DHS OIS launched the Family Status Community of Interest (COI) in June 2020, and the COI has since established a bi-weekly meeting schedule. The COI's initial focus is on standard codes describing the reasons for family separations. Upon completing the family separation reason standard, DHS reported that the COI will prioritize developing common codes to identify family members apprehended together. DHS estimates completing these actions by March 31, 2021. Evaluating options for developing a shared unique family member identifier across components that would allow each component access to certain information about family members apprehended together would help bridge the information gaps about family relationships between components caused by DHS's fragmented data systems.

Recommendation: The Director of USCIS should ensure that, in addition to USCIS's basic asylum officer training, all asylum offices provide pre-departure training on the credible and reasonable fear processes before their officers begin screening cases at the family residential centers. (Recommendation 1)

Agency: Department of Homeland Security: United States Citizenship and Immigration Services
Status: Open

Comments: In commenting on a draft of our report, DHS reported that USCIS plans to develop a standardized pre-departure training and provide this training to all detailees prior to deployment to the family residential centers. DHS estimated that these actions would be completed by September 2020. As of August 2020, USCIS told GAO that the number of noncitizens processed under expedited removal has decreased dramatically as a result of Coronavirus Disease 2019. Therefore, details to the Family Residential Centers have largely been paused. USCIS noted that the Asylum Division is reviewing the credible fear and reasonable fear training requirements; working on an enhanced training module; and, developing a standardized pre-departure training by December 31, 2020. USCIS plans to provide the training to all detailees prior to deployment to the Family Residential Centers during calendar year 2021, should the details resume. Providing pre-departure training, in addition to USCIS's basic training for new asylum officers, would help USCIS ensure that officers from all asylum offices are conducting efficient and effective fear screenings of families.

Recommendation: The Director of USCIS should ensure asylum officers systematically record in USCIS's automated case management system if individuals receive credible fear determinations as principal applicants, dependents, or in the interest of family unity, pursuant to regulation or USCIS policy. (Recommendation 3)

Agency: Department of Homeland Security: United States Citizenship and Immigration Services
Status: Open

Comments: In commenting on a draft of our report, DHS reported that USCIS planned to explore ways to modify its case management system so that asylum officers can record whether an individual received a positive credible fear determination as a principal applicant, dependent, or in the interest of family unity. USCIS plans to make any appropriate changes to its case management system and train asylum officers on these changes by December 2020. As of August 2020, USCIS reported that the agency remains on track to complete this work as planned, provided staffing is not affected by USCIS budget issues. Having complete data in its case management system on all outcomes of credible fear screenings at family residential centers would better position USCIS to report on the scope of either the agency's policy for family members who are treated as dependents, pursuant to regulation, or USCIS's use of discretion in the interest of family unity.

Recommendation: The Director of USCIS should collect and analyze additional information on case delays, including specific reasons for delays and how long they last, that asylum officers may face when screening credible and reasonable fear cases. (Recommendation 4)

Agency: Department of Homeland Security: United States Citizenship and Immigration Services
Status: Open

Comments: In commenting on a draft of our report, DHS reported that USCIS will explore ways to collect additional information on credible and reasonable fear case delays in its case management system. USCIS plans to modify the system, as appropriate, to instruct users on the changes, and begin collecting and analyzing the information by December 31, 2020. As of August 2020, USCIS reported that the agency remains on track to accomplish this work by the end of calendar year 2020, provided staffing is not adversely affected by the on-going COVID-19 pandemic and USCIS budget issues. Collecting additional information in its automated case management system on case delays would provide USCIS with more readily available information and analyzing such data could help USCIS identify case delay reasons relevant in the current environment for officers conducting fear screenings and better position USCIS to mitigate the reasons for the delays and improve efficiency in case processing.

Recommendation: The Director of ICE should take steps to document and implement its review process to ensure accuracy in its budget documents.

Agency: Department of Homeland Security: United States Immigration and Customs Enforcement
Status: Open

Comments: ICE provided us with documentation showing the agency has implemented a review process to prioritize all agency resource requests and document management approval. As of June 2020, we are awaiting documentation that demonstrates this process has been implemented and provides an assurance of accuracy in ICE's budget documents. We will continue to monitor and evaluate ICE's actions to close this recommendation.

Recommendation: The Director of ICE should take steps to assess ICE's adult bed rate methodology to determine the most appropriate way to project the adult bed rate, including any inflation rates used.

Agency: Department of Homeland Security: United States Immigration and Customs Enforcement
Status: Open

Comments: As of June 2020, ICE is taking steps to assess the adult bed rate methodology. ICE provided a verification and validation assessment on the adult bed rate conducted to meet the GPRA Modernization Act of 2010 requirements. From the documentation provided, it is unclear that the assessment examines the methodology of the adult bed rate. According to ICE officials, the agency is working towards conducting an analysis on the methodology of the adult bed rate calculations. We will continue to monitor and evaluate ICE's actions to close the recommendation.

Recommendation: The Director of ICE should take steps to update ICE's adult bed rate methodology by incorporating necessary changes based on its assessment, and ensure the use of appropriate inflation rates and the removal of family beds from all calculations.

Agency: Department of Homeland Security: United States Immigration and Customs Enforcement
Status: Open

Comments: As part of addressing this recommendation, ICE developed a bed rate calculator that the agency stated ensures the use of proper inflation rates and the removal of family beds. ICE provided documentation demonstrating changes to the calculations of the adult bed rate, including the removal of family beds from its budget calculations. As of June 2020, we are awaiting documentation from ICE that demonstrates the use of appropriate inflation rates. We will continue to monitor and evaluate ICE's actions to close this recommendation.

Recommendation: The Director of ICE should take steps to determine the most appropriate way to project the ADP for use in the congressional budget justification and document the methodology and rationale behind its ADP projection. As part of that determination, ICE should consider the extent to which a statistical model could be used to accurately forecast ADP.

Agency: Department of Homeland Security: United States Immigration and Customs Enforcement
Status: Open

Comments: ICE provided us with documentation on the statistical model and its methodology during the course of our review and utilized the model during the fiscal years 2019 and 2020 budget cycles. ICE used the model to provide a point estimate within a specific confidence interval and documented the interval that the agency used and the reasoning behind the use of that interval. As of June 2020, we are following up with ICE regarding the extent to which the model was used to determine the total number of detention beds.

Recommendation: The Director of ICE should take steps to ensure that ICE's budget estimating process more fully addresses cost estimating best practices.

Agency: Department of Homeland Security: United States Immigration and Customs Enforcement
Status: Open

Comments: As of June 2020, ICE is taking steps to address this recommendation, and has provided documentation. For example, ICE has developed a sliding bed rate scale from conducting a sensitivity analysis and has detailed some of its calculations and assumptions for the adult bed rate. We will continue to work with ICE to obtain additional documentation needed to evaluate the agency's efforts to improve its detention cost estimating practices.

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.