Immigration Detention: ICE Should Enhance Its Use of Facility Oversight Data and Management of Detainee Complaints

What GAO Found

The Department of Homeland Security’s (DHS) U.S. Immigration and Customs Enforcement (ICE) and other DHS entities use, in part, inspections to oversee detention facilities and address identified deficiencies. As shown below, in fiscal year 2019, most of ICE’s 179 facilities that housed adults for over 72 hours underwent inspections by contractors or its Office of Detention Oversight, while smaller facilities conducted self-assessments. ICE also conducted onsite monitoring at facilities. Further, two DHS offices conducted inspections related to certain aspects of facilities. ICE collects the results of its various inspections, such as deficiencies they identify, but does not comprehensively analyze them to identify trends or record all inspection results in a format conducive to such analyses. By ensuring inspection results are recorded in a format conducive to analysis and regularly conducting comprehensive analyses of results, ICE would be better positioned to identify and address potential trends in deficiencies.

Detention Facility Oversight by U.S. Immigration and Customs Enforcement (ICE) and Other Department of Homeland Security (DHS) Entities at 179 Facilities, Fiscal Year 2019

ICE and DHS entities have various mechanisms for receiving and addressing detention-related complaints from detainees and others. However, while some of these entities conduct some analyses of the complaint data they maintain, ICE does not regularly analyze detention-related complaint data across all of its relevant offices. By regularly conducting such analyses, ICE could identify and address potential trends in complaints. Additionally, ICE does not have reasonable assurance that Enforcement and Removal Operations (ERO) field offices—which oversee and manage detention facilities—address and record outcomes of detention-related complaints referred to them for resolution, or do so in a timely manner. For example, GAO’s analysis of data from one referring office—the Administrative Inquiry Unit—indicated that for certain noncriminal complaints the unit refers, ERO field offices did not provide resolutions back to the unit for 99 percent of referrals. Without requiring that ERO field offices record any actions taken on, and the resolutions of, detention-related complaints, ICE does not have reasonable assurance that field offices are addressing them.

Why GAO Did This Study

ICE is the lead agency responsible for providing safe, secure, and humane confinement for detained foreign nationals in the United States. ICE has established standards for immigration detention related to complaint processes, medical care, and other areas.

The joint explanatory statement accompanying the Consolidated Appropriations Act, 2019, includes a provision for GAO to review ICE’s management and oversight of detention facilities and detention-related complaints. This report examines ICE and other DHS entities’ mechanisms for (1) overseeing compliance with immigration detention facility standards and how ICE uses oversight information to address any identified deficiencies; and (2) receiving and addressing detainee complaints, and how ICE uses complaint information. GAO analyzed documentation and data on inspections and complaints at facilities that held detainees for over 72 hours during the last 3 fiscal years—2017 through 2019; visited 10 facilities selected based on inspection results and other factors; and interviewed officials.

What GAO Recommends

GAO is making six recommendations, including that ICE ensures oversight data are recorded in a format conducive to analysis, regularly conducts trend analyses of oversight data and detention-related complaint data, and requires that ERO field offices record the resolutions of detention-related complaints. DHS concurred.

For more information, contact Rebecca Gambler, (202) 512-8777) or gamblerr@gao.gov.

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    As of October 2020, the Departments of Defense (DOD) and Veterans Affairs (VA) had jointly developed 22 clinical practice guidelines (VA/DOD CPG) that address specific health conditions, including those related to chronic diseases, mental health issues, pain management, and rehabilitation. Such guidelines are important as military and veteran populations may have different health care needs than civilians due to involvement in combat or occupational exposures (e.g., fumes from burn pits) that may amplify physical and psychological stresses. GAO found that DOD and VA considered the health care needs of these populations throughout the guideline development process and that the guidelines include information about these health care needs in different sections. In some cases, the guidelines include treatment recommendations that specifically address the health care needs of the military and veteran populations. In other instances, they may include information about the prevalence of a specific condition for these populations, among other information. Each of the military services (Army, Air Force, and Navy) has its own process for distributing VA/DOD CPGs to providers at their military treatment facilities (MTF). However, DOD's Defense Health Agency (DHA) is in the process of assuming administrative operations—to include distributing guidelines—for all of the military services' MTFs through an incremental transition process that is to be completed by the end of September 2021. While DHA officials acknowledged that they need to develop a uniform distribution process for the guidelines once they complete the transition, MTF providers can currently access the guidelines through VA's designated website and DOD's electronic health record systems. Congress directed DOD to implement VA/DOD CPGs, using means such as providing education and training, and to monitor MTFs' implementation of them. However, GAO found that DHA and the military services are not systematically monitoring MTFs' implementation of these guidelines. While the Army tracks VA/DOD CPG education and training at its MTFs, officials with DHA, the Navy, and the Air Force explained that they have not been monitoring MTF implementation of these guidelines. DHA officials acknowledged that they need to develop a monitoring process as they assume administrative and oversight responsibilities for the military services' MTFs, but have not yet developed a plan to do so. Without a systematic process to monitor MTF implementation of these guidelines, DHA does not know the extent to which MTF providers may be using VA/DOD CPGs to reduce the variability and improve the quality of health care services provided—factors that may contribute to better health outcomes across the military health system. Through DOD's TRICARE program, eligible beneficiaries may receive care from providers at MTFs or from civilian providers. The National Defense Authorization Act for Fiscal Year 2017 required DOD to establish a program to develop, implement, update, and monitor clinical practice guidelines, which are evidence-based treatment recommendations to improve the consistency and quality of care delivered by MTF providers. The Act also included a provision for GAO to assess issues related to the military health system, including the process of ensuring that providers adhere to clinical practice guidelines, and to report annually for 4 years. This is GAO's fourth report based on the Act. This report describes (1) how the process for developing the guidelines considers the health care needs of the military and veteran populations, (2) how they are distributed by the military services to their providers and how providers access them, and (3) the extent to which DHA and the military services monitor MTF implementation of them, among other things. GAO reviewed relevant policies and guidance; analyzed each of the 22 CPGs; and interviewed officials with DOD, the military services, and VA. GAO recommends that DHA work with the military services to develop and implement a systematic process to monitor MTFs' implementation of VA/DOD CPGs. DOD concurred with this recommendation. For more information, contact Debra A. Draper at (202) 512-7114 or draperd@gao.gov.
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  • Disaster Response: Agencies Should Assess Contracting Workforce Needs and Purchase Card Fraud Risk
    In U.S GAO News
    The efforts of selected agencies to plan for disaster contracting activities and assess contracting workforce needs varied. The U.S. Forest Service initiated efforts to address its disaster response contracting workforce needs while three agencies—the U.S. Army Corps of Engineers (USACE), the U.S. Coast Guard, and Department of the Interior (DOI)—partially addressed these needs. The Environmental Protection Agency indicated it did not have concerns fulfilling its disaster contracting responsibilities. Specifically, GAO found the following: USACE assigned clear roles and responsibilities for disaster response contracting activities, but has not formally assessed its contracting workforce to determine if it can fulfill these roles. The Coast Guard has a process to assess its workforce needs, but it does not account for contracting for disaster response activities. DOI is developing a strategic acquisition plan and additional guidance for its bureaus on how to structure their contracting functions, but currently does not account for disaster contracting responsibilities. Contracting officials at all three of these agencies identified challenges executing their regular responsibilities along with their disaster-related responsibilities during the 2017 and 2018 hurricane and wildfire seasons. For example, Coast Guard contracting officials stated they have fallen increasingly behind since 2017 and that future disaster response missions would not be sustainable with their current workforce. GAO's strategic workforce planning principles call for agencies to determine the critical skills and competencies needed to achieve future programmatic results. Without accounting for disaster response contracting activities in workforce planning, these agencies are missing opportunities to ensure their contracting workforces are equipped to respond to future disasters. The five agencies GAO reviewed from above, as well as the Federal Emergency Management Agency (FEMA), collectively spent more than $20 million for 2017 and 2018 disaster response activities using purchase cards. GAO found that two of these six agencies—Forest Service and EPA—have not completed fraud risk profiles for their purchase card programs that align with leading practices in GAO's Fraud Risk Framework. Additionally, five of the six agencies have not assessed or documented how their fraud risk for purchase card use might differ in a disaster response environment. DOI completed such an assessment during the course of our review. An Office of Management and Budget memorandum requires agencies to complete risk profiles for their purchase card programs that include fraud risk. GAO's Fraud Risk Framework states managers should assess fraud risk regularly and document those assessments in risk profiles. The framework also states that risk profiles may differ in the context of disaster response when managers may have a higher fraud risk tolerance since individuals in these environments have an urgent need for products and services. Without assessing fraud risk for purchase card programs or how risk may change in a disaster response environment, agencies may not design or implement effective internal controls, such as search criteria to identify fraudulent transactions. The 2017 and 2018 hurricanes and California wildfires affected millions of people and caused billions of dollars in damages. Extreme weather events are expected to become more frequent and intense due to climate change. Federal contracts for goods and services play a key role in disaster response and recovery, and government purchase cards can be used by agency staff to buy needed items. GAO was asked to review federal response and recovery efforts related to recent disasters. This report examines the extent to which selected agencies planned for their disaster response contracting activities, assessed their contracting workforce needs, and assessed the fraud risk related to their use of purchase cards for disaster response. GAO selected six agencies based on contract obligations for 2017 and 2018 disasters; analyzed federal procurement and agency data; reviewed agencies' policies on workforce planning, purchase card use, and fraud risk; and analyzed purchase card data. FEMA was not included in the examination of workforce planning due to prior GAO work. GAO is making 12 recommendations, including to three agencies to assess disaster response contracting needs in workforce planning, and to five agencies to assess fraud risk for purchase card use in support of disaster response. For more information, contact Marie A. Mak at (202) 512-4841 or makm@gao.gov.
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  • Veterans Community Care Program: Improvements Needed to Help Ensure Timely Access to Care
    In U.S GAO News
    In a September 2020 report, GAO found that the Department of Veterans Affairs (VA) established an appointment scheduling process for its new Veterans Community Care Program (VCCP) but did not specify allowable wait times for some key steps in the process. Further, GAO found that VA had not established an overall wait-time performance measure—that is, the maximum amount of time it should take for veterans to receive care from community providers. In 2013, GAO recommended that VA establish a wait-time measure under a prior VA community care program, and in 2018 again recommended that VA establish an achievable wait-time goal to receive care under the VCCP. VA has not implemented these recommendations. Potential Allowable Wait Time to Obtain Care through the Veterans Community Care Program Note: This figure illustrates potential allowable wait times in calendar days for eligible veterans who are referred to the Veterans Community Care Program through routine referrals (not urgent), and have VA medical center staff—Referral Coordination Team (RCT) and community care staff (CC staff)—schedule the appointments on their behalf. Given VA's lack of action over the prior 7 years in implementing wait-time measures for various community care programs, GAO believes that Congressional action is warranted requiring VA to establish such an overall measure for the VCCP. This should help to achieve timely health care for veterans. GAO found additional VCCP challenges needing VA action: (1) VA uses metrics that are remnants from the previous community care program and inconsistent with the time frames established in the VCCP scheduling process. (2) Few community providers have signed up to use the software VA intends for VA medical center (VAMC) staff and community providers to use to electronically share referral information with each other. (3) Select VAMCs faced challenges scheduling appointments in a timely manner and most did not have the full amount of community care staff VA's staffing tool recommended. In June 2019, VA implemented its new community care program, the VCCP, as required by the VA MISSION Act of 2018. This new program replaced or consolidated prior community care programs. Under the VCCP, VAMC staff are responsible for community care appointment scheduling. This statement summarizes GAO's September 2020 report. It describes for the VCCP: (1) the appointment scheduling process that VA established for veterans, (2) the metrics VA used to monitor the timeliness of appointment scheduling, (3) VA's efforts to prepare VAMC staff for appointment scheduling, and (4) VA's efforts to determine VAMC staffing needs. In performing that work, GAO reviewed VA documentation, such as guidance, referral timeliness data, and VAMC community care staffing data; conducted site visits to five VAMCs; and interviewed VA and VAMC officials. In its September 2020 report, GAO recommended that Congress consider requiring VA to establish an overall wait-time measure for the VCCP. GAO also made three recommendations to VA, including that it align its monitoring metrics with the VCCP appointment scheduling process. VA did not concur with this recommendation, but concurred with the other two. GAO maintains that all recommendations are warranted. For more information, contact Sharon M. Silas at (202) 512-7114 or silass@gao.gov.
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  • Department of State Offers Reward for Information to Bring Mexican Transnational Criminal to Justice
    In Crime Control and Security News
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  • William M. Kelly, M.D., Inc And Omega Imaging, Inc. Agree To Pay $5 Million To Resolve Alleged False Claims For Unsupervised And Unaccredited Radiology Services
    In Crime News
    William M. Kelly Inc. and Omega Imaging Inc., together, operate 11 radiology facilities in Southern California, have agreed to pay the United States $5 million to resolve allegations that they violated the False Claims Act (FCA) by knowingly submitting claims to Medicare and the military healthcare program, TRICARE, for unsupervised radiology services and services provided at unaccredited facilities, the Department of Justice announced today.
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  • Founder and CEO of Iranian Financial Services Firm Sentenced to Prison for Conspiring to Violate U.S. Sanctions
    In Crime News
    Assistant Attorney General for National Security John C. Demers and U.S. Attorney Erica H. MacDonald today announced the sentencing of Seyed Sajjad Shahidian, 33, to 23 months in prison for his role in conducting financial transactions in violation of U.S. sanctions against Iran. Shahidian, who pleaded guilty on June 18, 2018, was sentenced today before Judge Patrick J. Schiltz in U.S. District Court in Minneapolis, Minnesota. Shahidian, a citizen of Iran, was arrested in London, England on Nov. 11, 2018, and, on May 15, 2020, was extradited to the United States.
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  • OSCE Minsk Group Co-Chair Statement
    In Crime Control and Security News
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  • Maryland Man Sentenced to Prison for Intentionally Damaging the Computers of His Former Employer
    In Crime News
    A Maryland man was sentenced by U.S. District Judge Catherine C. Blake today to 12 months and one day in federal prison, followed by three years of supervised release, for illegally accessing and damaging the computer network of his former employer. Judge Blake also entered an order requiring Stafford to pay restitution in the amount of $193,258.10 to his former employer.
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    In Crime Control and Security News
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    In Crime Control and Security News
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    In Crime Control and Security News
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    In Travel
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  • Former Indiana State Senator and Gaming Executive Indicted for Violations of Federal Campaign Finance Laws
    In Crime News
    A federal grand jury sitting in the Southern District of Indiana returned an indictment charging a former Indiana state senator and a gaming executive with violations of federal campaign finance laws, false statements, and falsification of Federal Election Campaign (FEC) records in connection with a series of illegal corporate contributions and conduit contributions they made to fund the congressional campaign of the former state politician.
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  • Attorney General William P. Barr Announces the Appointment of Gregg N. Sofer as the U.S. Attorney for the Western District of Texas
    In Crime News
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  • Veterans Affairs: Ongoing Financial Management System Modernization Program Would Benefit from Improved Cost and Schedule Estimating
    In U.S GAO News
    What GAO Found The Department of Veterans Affairs (VA) Financial Management Business Transformation (FMBT) program has begun implementing the Integrated Financial and Acquisition Management System (iFAMS), with the first deployment of certain capabilities at the National Cemetery Administration (NCA) on November 9, 2020. FMBT program officials identified various challenges, such as FMBT program funding shortfalls, which represent the difference between VA's original requirement and the President's budget request, and coordination with other major initiatives. VA has taken various steps to address its challenges. For example, because of the COVID-19 pandemic, VA postponed the initial NCA deployment 4 months and converted planning, training, and testing activities to virtual events. In addition, the FMBT program and Veterans Health Administration (VHA) worked together to address the FMBT program funding shortfall by postponing iFAMS implementation at VHA for at least 2 years to coordinate with the implementation of a new logistics system. Following information technology (IT) management best practices on major transformation efforts, such as the FMBT program, can help build a foundation for ensuring responsibility, accountability, and transparency. VA has generally met such practices for program governance, Agile project management, and testing and defect management. However, it has not fully met certain best practices for developing and managing cost and schedule estimates. As a result, its estimates were not reliable. Specifically, VA's estimates substantially met one, and partially or minimally met three of the four characteristics associated with reliable cost and schedule estimates, respectively. For example, VA minimally met the “credible” characteristic associated with reliable cost estimates, in part, because it did not compare its cost estimate to an independently developed estimate. GAO Assessment of VA Cost and Schedule Estimates against Best Practice Characteristics Cost estimate characteristic Assessment of cost estimate Schedule estimate characteristic Assessment of schedule estimate Comprehensive Partially met Comprehensive Partially met Well-documented Substantially met Well-constructed Partially met Accurate Partially met Credible Partially met Credible Minimally met Controlled Substantially met Legend: substantially met = VA provided evidence that satisfies a large portion of the criterion; partially met = VA provided evidence that satisfies about one-half of the criterion; minimally met = VA provided evidence that satisfies a small portion of the criterion Source: GAO assessment of the Department of Veterans Affairs Financial Management Business Transformation program documentation. | GAO-21-227 Reliable cost and schedule estimates provide a road map for project execution and are critical elements to delivering large-scale IT systems. Without reliable estimates, VA management may not have the information necessary for informed decision-making. Further, following cost and schedule best practices helps minimize the risk of cost overruns and schedule delays and would better position the FMBT program for effective and successful implementation on future deployments. Why GAO Did This Study VA's core financial system is approximately 30 years old and is not integrated with other relevant IT systems, resulting in inefficient operations and complex work-arounds. The FMBT program is VA's current effort and third attempt to replace its aging financial and acquisition systems with one integrated system. The first two attempts were unsuccessful after years of development and hundreds of millions of dollars in cost. GAO was asked to review the progress of the FMBT program. This report (1) describes the status of the FMBT program, including steps VA has taken to address challenges it has identified, and (2) examines the extent to which VA has followed certain IT management best practices. GAO summarized FMBT program risks and challenges that VA identified, reviewed FMBT program documentation and compared it with relevant guidance and best practices, and interviewed cognizant VA officials.
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