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 USCIS should plan and conduct regular fraud risk assessments of the self-petition program to determine a fraud risk profile, as provided in GAO's Fraud Risk Framework. (Recommendation 1)

Agency: Department of Homeland Security: United States Citizenship and Immigration Services
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 USCIS should develop and implement an antifraud strategy with specific control activities, based upon the results of fraud risk assessments and a corresponding fraud risk profile, as provided in GAO's Fraud Risk Framework. (Recommendation 2)

Agency: Department of Homeland Security: United States Citizenship and Immigration Services
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 USCIS should develop and implement data analytics capabilities for the self-petition program, as a means to prevent and detect fraud, as provided in GAO's Fraud Risk Framework. (Recommendation 3)

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

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

Recommendation: The Assistant Secretary of State for Consular Affairs should provide additional training or related resources to consular officers and locally employed staff on adjudicating E-2 visas, to cover topics that include the E-2 eligibility requirements and understanding business- and tax-related documents. (Recommendation 1)

Agency: Department of State
Status: Open

Comments: Department of State officials stated in January 2020 that the department plans to address this recommendation by increasing the frequency and specificity of E-2 content through webinars, workshops, and cables. The Department of State also plans to develop subject matter experts on business and tax related documents that can provide consultative services on an as-needed basis. As of July 2020, Department of State officials said that they had not yet implemented these actions. We will continue to monitor the status of this recommendation.

Recommendation: The Assistant Secretary of State for Consular Affairs should develop minimum standards for E-2 company registration programs, such as standards for how often companies are to be re-vetted. (Recommendation 2)

Agency: Department of State
Status: Open

Comments: Department of State officials stated in January 2020 that the department plans to address this recommendation by incorporating into policy a 5-year mandatory review of companies registered at any post using a company registration program. As of July 2020, Department of State officials said that they had not yet implemented these actions. We will continue to monitor the status of this recommendation.

Recommendation: The Assistant Secretary of State for Consular Affairs should develop and implement a process to ensure that posts maintain required E-2 visa application documentation. (Recommendation 3)

Agency: Department of State
Status: Open

Comments: Department of State officials stated in January 2020 that the department plans to communicate a reminder to posts abroad that there is a requirement to scan required E-2 documentation into each visa applicant's record. Department of State also plans to provide regular policy guidance to consular managers at posts that adjudicate E-2 visa applications. Further, Department of State officials stated in July 2020 that the department plans to incorporate the supplemental E-2 visa application (DS-156E) into the standard online application for all nonimmigrant visa applicants (DS-160). However, the officials stated that they experienced technical challenges in doing so, and was still working to resolve the challenges as of July 2020. We will continue to monitor the status of this recommendation as the Department of State works to address the technical challenges.

Recommendation: The Director of ICE should build on existing efforts to use data analytics by employing techniques, such as network analysis, to identify potential fraud indicators in schools petitioning for certification. (Recommendation 2)

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

Comments: As of March 2020, ICE officials indicated that they were in the process of addressing GAO's recommendation and would submit an update including supporting documentation when available. 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 develop an implementation plan for the project aimed at strengthening background checks for DSOs; that plan should outline how the project will be executed, monitored, and controlled. (Recommendation 5)

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

Comments: As of March 2020, ICE officials indicated that they were in the process of addressing GAO's recommendation and would submit an update including supporting documentation when available. 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 implement mandatory DSO training and verify that the training is completed. (Recommendation 6)

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

Comments: As of March 2020, ICE officials indicated that they were in the process of addressing GAO's recommendation and would submit an update including supporting documentation when available. 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 complete the development and implementation of its plans for mandatory fraud-specific training for DSOs. (Recommendation 7)

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

Comments: As of March 2020, ICE officials indicated that they were in the process of addressing GAO's recommendation and would submit an update including supporting documentation when available. When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: To provide reasonable assurance that USCIS's fraud prevention controls are adequate and effectively implemented, and ensure that asylum officers and FDNS immigration officers have the capacity to detect and prevent fraud, the Secretary of Homeland Security should direct USCIS to conduct regular fraud risk assessments across the affirmative asylum application process.

Agency: Department of Homeland Security
Status: Open
Priority recommendation

Comments: In October 2016, DHS indicated that USCIS had established a working group and collected fraud trend information from all eight asylum offices that will be used to inform the development of a risk assessment framework. According to USCIS officials, the Asylum Division, in cooperation with other relevant internal stakeholders such as USCIS's Fraud Detection and National Security Directorate (FDNS), completed a draft asylum fraud risk assessment in September 2017. In January 2019, Asylum Division officials told us that they had identified limitations in the data used in the draft assessment. Thus, USCIS was working to complete a revised qualitative risk assessment report for our review. Officials also told us that the report was undergoing additional revisions due to changes in 2019 to the affirmative asylum program, and to reflect updates to the resources dedicated to FDNS's functions. As of October 2020, USCIS anticipates finalizing the report by the end of December 2020. Regularly assessing fraud risks across the affirmative asylum process would provide USCIS more complete information on risks that may affect the integrity of the process and therefore help USCIS target its fraud prevention efforts to those areas that are of highest risk.