Recommendation: We recommend that the Attorney General ensure that additional guidance is provided to federal agencies to clarify Fix NICS Act certification requirements for record submissions and reporting. (Recommendation 1)

Agency: Department of Justice
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 implement a process to collect and maintain data in a readily available format on detained parents or legal guardians of U.S. citizen and legal permanent resident minors to ensure that information on this population is entered into ICE's data system as required by policy. (Recommendation 1)

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

Comments: In November 2019, ICE DHS did not concur with this recommendation, stating that ICE did not have any requirement or need to aggregate data on detained parents or legal guardians of U.S. citizens and legal permanent resident minors and doing so would not better inform ICE's decision-making processes. In a May 2020 update, ICE noted that ICE Enforcement and Removal Operations (ERO) officers continue to collect and maintain information in EARM and EAGLE regarding whether an alien is a parent, or legal guardian, of a U.S.-born citizen or legal permanent resident minor for actions specific to individual cases; and that this case-specific information is readily available to approved EARM users, including Child Welfare Coordinators. However, as we noted in our report, these data are not readily available because ICE's data on family relationships, including parents or legal guardians of U.S. citizens and legal permanent resident minors, can only be accessed by manually reviewing each separate case file in EARM. Further, ICE's policy states that in pursing the enforcement of U.S. immigration laws against parents of minors, ICE personnel should remain cognizant of the impact enforcement actions may have on U.S. citizen or legal permanent resident minors. Without making these data readily available, ICE is not able to account for the overall impact of its enforcement actions on U.S. citizen or legal permanent resident minors whose parents or legal guardians have been detained. In its May 2020 update, ICE also noted that ERO provided Congress with the report, "Deportation of Parents of U.S.-Born Children," incorporating the first half of calendar year 2019, in April 2020. However, as we noted in our report, to generate this semi-annual required report to Congress on removals of parents of U.S.-born citizen children, ICE must review this information manually. Also, there is no similar requirement to report in an aggregate way on parents of U.S. citizen or legal permanent residents who are detained. We continue to believe that collecting and maintaining information in a readily available format on detained parents or legal guardians of U.S. citizen or legal permanent resident minors could help ensure that ICE personnel can identify, evaluate, and share information on this population, as required by ICE policy.

Recommendation: The Attorney General should develop and document goals that explain the common outcomes DOJ seeks to achieve through its elder justice efforts. (Recommendation 1)

Agency: Department of Justice
Status: Open

Comments: In its comments on a draft of our report in May 2019, DOJ did not explicitly state whether or not it concurred with the two recommendations we directed to the department, but stated that it is taking our recommendations under serious review. Specifically, DOJ stated that it planned to form a subcommittee within its Elder Justice Working Group to consider the development or clarification of goals and the development of outcome measures. In a follow-up response dated December 17, 2019, DOJ noted that the subcommittee had been formed, and had met to explore the development of additional---or clarification of present---goals, including those referenced in our report. We will continue to monitor DOJ's efforts towards implementing this recommendation.

Recommendation: The Attorney General should develop and document outcome measures to track the progress the agency is making toward achieving its elder justice goals. (Recommendation 2)

Agency: Department of Justice
Status: Open

Comments: In its comments on a draft of our report in May 2019, DOJ did not explicitly state whether or not it concurred with the two recommendations we directed to the department, but stated that it is taking our recommendations under serious review. Specifically, DOJ stated that it planned to form a subcommittee within its Elder Justice Working Group to consider the development or clarification of goals and the development of outcome measures. In a follow-up response dated December 17, 2019, DOJ noted that the subcommittee had been formed, and had met to begin developing and documenting appropriate outcome measures that can better track the Department's progress on its overall elder justice efforts. This will include consideration of the specific suggestions cited in our report, as well exploring opportunities for additional data collection to enhance the Department's efforts and better measure outcomes. We will continue to monitor DOJ's efforts towards implementing this recommendation.

Recommendation: The HUD Assistant Secretary for the Office of Public and Indian Housing should complete its updates of the Housing Choice Voucher (HCV) Program Guidebook and Public Housing Occupancy Guidebook to reflect current guidance on criminal history policies for its public housing and HCV programs. (Recommendation 1)

Agency: Department of Housing and Urban Development: Office of Public and Indian Housing
Status: Open

Comments: HUD is in the process of revising both guidebooks. HUD officials stated that the updated guidebooks will include revisions to reflect HUD's current criminal history policies. The revised guidebooks are expected to be completed no later than December 2019.

Recommendation: The HUD Assistant Secretary for the Office of Public and Indian Housing should review HUD's Compliance Monitoring Checklist to determine if questions should be added to address additional federal criminal history requirements and revise checklist instructions to direct HUD staff to obtain information on PHAs' implementation of these requirements during compliance reviews. (Recommendation 2)

Agency: Department of Housing and Urban Development: Office of Public and Indian Housing
Status: Open

Comments: HUD Office of Public and Indian Housing staff, including Regional Directors, reviewed the checklist and determined that no additional questions should be added as they believe the checklist currently addresses federal criminal history requirements. Therefore, they also maintain that the related checklist instructions also do no require revision.

Recommendation: The HUD Assistant Inspector General for the Office of Investigation should collect and assess more comprehensive information on regional efforts to implement the activities listed in the 2018 Standard Operating Procedure. (Recommendation 3)

Agency: Department of Housing and Urban Development: Office of the Inspector General: Office of Investigation
Status: Open

Comments: HUD OIG did not agree with this recommendation, stating that it was a management function not required in statute or regulation and would be unduly burdensome. We maintain the recommendation is valid. According to HUD OIG's standard operating procedures, they will be responsible for collecting and reporting statistics for some regional office activities. As discussed in this report, we believe the HUD OIG could obtain more comprehensive information on additional required regional activities using existing resources.

Recommendation: The HUD Assistant Inspector General for the Office of Investigation should, in collaboration with the FBI, determine what information on fugitive apprehensions and any estimated program savings that occur as the result of the Fugitive Felon Initiative would be most useful and consistently share such information with the FBI. (Recommendation 4)

Agency: Department of Housing and Urban Development: Office of the Inspector General: Office of Investigation
Status: Open

Comments: HUD OIG did not agree with this recommendation, stating that its ability to determine apprehensions and program savings is limited. However, the MOU between the HUD OIG and the FBI (as of the issuance of the report) states that the HUD OIG is to share this information with the FBI. We believe our recommendation provides sufficient flexibility for the HUD OIG and the FBI to determine what information on results would be feasible to collect, and maintain that such collaboration could better position the HUD OIG and the FBI to enhance their ability to identify any areas for improvement and evaluate the effectiveness of the initiative.

Recommendation: The HUD Assistant Inspector General for the Office of Investigation should, in collaboration with the FBI, update the Fugitive Felon Initiative memorandum of understanding (MOU) to reflect the agencies' current activities and responsibilities. (Recommendation 5)

Agency: Department of Housing and Urban Development: Office of the Inspector General: Office of Investigation
Status: Open

Comments: HUD OIG agreed with this recommendation and would be taking steps to address it.

Recommendation: The Director of the FBI should, in collaboration with the HUD OIG, determine what information on fugitive apprehensions that occur as the result of the Fugitive Felon Initiative would be most useful and consistently share such information with the HUD OIG. (Recommendation 6)

Agency: Department of Justice: Federal Bureau of Investigation
Status: Open

Comments: The Department of Justice agreed with this recommendation and stated that it will continually provide apprehension statistics on a fiscal year basis. The department will also collaborate with the HUD OIG to provide any additional assistance necessary for quality information sharing.

Recommendation: The Director of the FBI should, in collaboration with the HUD OIG, update the Fugitive Felon Initiative MOU to reflect the agencies' current activities and responsibilities. (Recommendation 7)

Agency: Department of Justice: Federal Bureau of Investigation
Status: Open

Comments: The Department of Justice agreed with this recommendation and will take action to update the MOU, in collaboration with the HUD OIG.