Recommendation: The Director of ICE should take action to ensure consistent implementation of ICE's policies for handling cases of potentially removable veterans. (Recommendation 1)

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

Comments: In June 2019, we reported on U.S. Immigration and Customs Enforcement's (ICE) efforts to handle, track, and monitor cases related to veterans. We found that ICE has developed policies for handling cases of potentially removable Veterans, but does not consistently adhere to those policies. Therefore, some veterans who were removed may not have received the level of review and approval that ICE has determined is appropriate for cases involving veterans. We recommended that ICE take action to ensure consistent implementation of its policies for handling cases of potentially removable veterans. ICE agreed with this recommendation. In November 2019, ICE reported that it had established a working group to gather requirements for ERO officer and HSI agent training and will identify all of the lesson plans, practice exercises, and checklists to ensure veteran status information is collected during the booking process. In July 2020, ICE reported that the efforts of the working group were ongoing. We will continue to monitor ICE's efforts to address this recommendation.

Recommendation: The Director of ICE should develop and implement a policy or revise its current polices to ensure that ICE agents and officers identify and document veteran status when interviewing potentially removable individuals. (Recommendation 2)

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

Comments: In June 2019, we reported on U.S. Immigration and Customs Enforcement's (ICE) efforts to handle, track, and monitor cases related to veterans. We found that ICE has not developed a policy to identify and document all military veterans it encounters. Without such a policy, ICE has no way of knowing whether it has identified all of the veterans it has encountered and, therefore, does not have reasonable assurance that it is consistently implementing its policies and procedures for handling veterans' cases. We recommended that ICE develop and implement a policy or revise its current policies to ensure that ICE offices and agents identify and document veteran status when interviewing potentially removable individuals. ICE agreed with this recommendation. In November 2019, ICE reported that its internal working group is gathering requirements to systematically collect and maintain veteran status information. ICE noted that once the requirement gathering is complete it will revise existing ICE guidance on the issuance of issuing Notices to Appear for individuals with U.S. military service. In July 2020, ICE reported that the working group reviewed and updated its current policy and the Office of Policy and Planning is in the process of reviewing the updates. However, ICE was unable to provide an estimated completion date for finalizing the policy. We will continue to monitor ICE's efforts to address this recommendation.

Recommendation: The Director of ICE should collect and maintain complete and electronic data on veterans in removal proceedings or who have been removed. (Recommendation 3)

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

Comments: In June 2019, we reported on U.S. Immigration and Customs Enforcement's (ICE) efforts to handle, track, and monitor cases related to veterans. We found that ICE does not maintain complete electronic data on veterans who have been placed in removal proceedings or removed. As a result, ICE does not know exactly how many veterans have been placed in removal proceedings or removed, or if their cases have been handled according to ICE's policies. We recommended that ICE collect and maintain electronic data on veterans in removal proceedings or who have been removed. ICE agreed with this recommendation. In November 2019, ICE reported that its internal working group is analyzing systems and processes used by ICE officers and agents to identify the components in need of updating to properly capture veteran status. As of July 2020, the working group has identified fields that will be added to its integrated database to capture and maintain veterans' status information. Once the working group is done gathering systems, procedural, and training requirements, this work will also identify updates needed for ICE policies for handling cases of potentially removable veterans. We will continue to monitor ICE's efforts to address this recommendation.

Recommendation: To increase its assurance that PTSD and TBI are appropriately considered prior to separating certain servicemembers from the military for misconduct, the Secretary of Defense should direct the Air Force and Navy to address inconsistencies with DOD policy in their policies related to training servicemembers, including officers, on how to identify mild TBI symptoms in the deployed setting.

Agency: Department of Defense
Status: Open

Comments: At the time of report publication DOD indicated it did not concur with this recommendation. However after publication, the department indicated it concurred with the recommendation. As of September 2020, DOD is continuing to take actions to address this recommendation. When actions have been completed, GAO will update the status of the recommendation.

Recommendation: To increase its assurance that PTSD and TBI are appropriately considered prior to separating certain servicemembers from the military for misconduct, the Secretary of Defense should ensure that the military services routinely monitor adherence to policies related to screening certain servicemembers for PTSD and TBI prior to separation for misconduct.

Agency: Department of Defense
Status: Open

Comments: DOD concurred with this recommendation. As of July 2018, the department indicated that it was addressing the recommendation by requiring the military services to submit a report in March 2018 and March 2019 on how they are monitoring adherence to policies related to screening certain servicemembers for PTSD and TBI prior to separation for misconduct. In August 2020, the department indicated it completed a cycle of compliance reporting by the military services in April 2020. DOD stated it would conduct a final compliance reporting cycle in March 2021. GAO maintains that monitoring of compliance on a routine basis (i.e., ongoing) is necessary and will keep the recommendation open until the department indicates that routine monitoring will occur.

Recommendation: To increase its assurance that PTSD and TBI are appropriately considered prior to separating certain servicemembers from the military for misconduct, the Secretary of Defense should ensure that the military services routinely monitor adherence to policies related to training servicemembers, including officers, on how to identify mild TBI symptoms in the deployed setting.

Agency: Department of Defense
Status: Open

Comments: DOD concurred with this recommendation. As of September 2020, the department is continuing to take actions to address this recommendation. When actions have been completed, GAO will update the status of the recommendation.

Recommendation: To increase its assurance that PTSD and TBI are appropriately considered prior to separating certain servicemembers from the military for misconduct, the Secretary of Defense should ensure that the military services routinely monitor adherence to policies related to counseling about VA benefits and services during the process of separating certain servicemembers for misconduct.

Agency: Department of Defense
Status: Open

Comments: DOD concurred with this recommendation. As of July 2018, the department indicated that it was addressing the recommendation by requiring the military services to submit a report in March 2018 and March 2019 on how they are monitoring adherence to policies related to counseling about VA benefits and services during the process of separating certain servicemembers for misconduct. In August 2020, the department indicated it completed a cycle of compliance reporting by the military services in April 2020. DOD stated it would conduct a final compliance reporting cycle in March 2021. GAO maintains that monitoring of compliance on a routine basis (i.e., ongoing) is necessary and will keep the recommendation open until the department indicates that routine monitoring will occur.