Immigration and Customs Enforcement Did Not Follow Federal Procurement Guidelines When Contracting for Detention Services

U.S. Senator Claire McCaskill asked us to review ICE’s modification of its intergovernmental service agreement (IGSA) with the City of Eloy in Arizona to procure family detention space in Dilley, Texas. We also reviewed other selected IGSAs to determine whether they complied with applicable laws and regulations. (ICE) is responsible for the detention of removable aliens. ICE commonly uses a type of agreement called an IGSA to reserve space at detention facilities owned or operated by state or local governments. In September 2014, ICE improperly modified an existing IGSA with the City of Eloy (Eloy) in Arizona to establish the 2,400-bed South Texas Family Residential Center in Dilley, Texas, more than 900 miles away. Although ICE could have contracted directly with the private company that operates the South Texas Family Residential Center, CCA, it instead created an unnecessary “middleman” by modifying its existing IGSA with Eloy. Eloy’s sole function under the modification is to act as the middleman between ICE and CCA; Eloy collects about $438,000 in annual fees for this service.