Recommendation: To better inform on the effectiveness of CDS implementation and border security efforts, the Chief of Border Patrol should strengthen the methodology for calculating recidivism such as by using an alien's apprehension history beyond one fiscal year and excluding aliens for whom there is no record of removal and who may remain in the United States.

Agency: Department of Homeland Security: United States Customs and Border Protection: Office of the Commissioner: U.S. Border Patrol
Status: Open

Comments: DHS did not concur with this recommendation. DHS noted that the U.S. Customs and Border Protection (CBP) Consequence Delivery System Program Management Office (CDS PMO) uses annual recidivism rate calculations to measure annual change, which is not intended to be, or used, as a performance measure for CDS. We continue to believe that DHS should strengthen its methodology for calculating recidivism. DHS noted in its comments on our report that the recidivism rate is used as a performance measure by U.S. Border Patrol and DHS. Additionally, strengthening the recidivism rate methodology would not preclude its use for CDS as a measure of annual change, and would provide Border Patrol a more complete assessment of the rate of change in recidivism. In January 2018, CDS-PMO officials stated that the office started reporting nationwide the recidivism rates for multiple years to U.S. Border Patrol sectors for situational awareness. However, the methodology for this reported recidivism rate does not exclude aliens for who there is no record of removal. In May 2020, CDS-PMO reported that it has not taken any further steps to implement this recommendation. To fully implement this recommendation, DHS needs to further strengthen its recidivism rate methodology by excluding aliens for whom there is no record of removal. Further, DHS needs to demonstrate that it is using this updated methodology on a recurring basis and for CDS performance measurement purposes.

Recommendation: The Secretary of Homeland Security should direct the Assistant Secretary of Immigration and Customs Enforcement and Commissioner of Customs and Border Protection to collaborate on sharing immigration enforcement and removal data to help Border Patrol account for the removal status of apprehended aliens in its recidivism rate measure.

Agency: Department of Homeland Security
Status: Open

Comments: DHS concurred with the recommendation. In May 2017, U.S Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations directorate provided immigration enforcement and removal data on a one-time basis to U.S. Customs and Border Protection's U.S. Border Patrol. In March 2018, U.S. Border Patrol officials requested that ICE provide these data on a quarterly basis. As of July 2020, ICE stated that it had shared the data with U.S. Border Patrol on multiple occasions. To fully implement this recommendation, ICE and U.S. Border Patrol need to document and implement their plans to share the data on a recurring basis.

Recommendation: To better assess whether the LOP and LOPC are having a measurable impact in meeting their program objectives, the Director of EOIR should develop and implement a system of performance measures, including establishing a baseline, to regularly evaluate the effectiveness of LOP and LOPC and assess whether the programs are achieving their stated goals.

Agency: Department of Justice: Executive Office for Immigration Review
Status: Open

Comments: In January 2017, EOIR reported that the agency is working with a contractor to redesign EOIR's performance management system consistent with the principles outlined in the Government Performance and Results Modernization Act of 2010. In addition, EOIR reported that staff from its Office of Legal Access Programs (OLAP) plan to participate in strategic planning training, which will include how to establish performance measurements. In July 2018, EOIR reported to GAO that EOIR had developed program performance measures for both LOP and LOPC to assess the program of these programs in achieving their goals. EOIR then incorporated these program performance measures into the May 2017 blanket purchase agreement with the Vera Institute of Justice. In July 2018, EOIR reported to GAO that the agency has been working with its contractor to refine its performance measurement systems to align with these new measures. In March 2019, EOIR reported to GAO that the first reports on the new performance measures are expected later in fiscal year 2019. As of July 2020, EOIR told GAO that the agency is working to provide GAO with an update, but has nothing new to report at this time. To fully address the recommendation, EOIR should develop and implement a system to assess LOP and LOPC program performance against the new program performance measures.

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: Given the increasing extent of business travel to the U.S. and the eroding effect of inflation, Congress may wish to consider raising the amount of U.S. income paid by a foreign employer that is exempt from tax for nonresidents who meet the other conditions of the exemption.

Agency: Congress
Status: Open

Comments: As of August 2019, Congress has not raised the amount of U.S. income paid by a foreign employer that is exempt from tax for nonresidents who meet the other conditions of the exemption.

Recommendation: Given the difficulty of enforcing the requirement for aliens to obtain certificates of compliance--sailing permits--before departing the country and the existence of withholding requirements and tax treaties, Congress may wish to consider eliminating the sailing permit requirement.

Agency: Congress
Status: Open

Comments: As of August 2019, Congress has not eliminated the sailing permit requirement.