aliens

U.S. Immigration and Customs Enforcement (ICE) contracts with 106 detention facilities to detain removable aliens. In FY 2017, these 106 facilities held an average daily population of more than 25,000 detainees. Since the beginning of FY 2016, ICE has paid more than $3 billion to the contractors operating these 106 facilities. Despite documentation of thousands of deficiencies and instances of serious harm to detainees that occurred at these detention facilities, ICE rarely imposed financial penalties. ICE should ensure that detention contracts include terms that permit ICE to hold contractors to performance standards and impose penalties when those standards are not maintained.

ICE Enforcement and Removal Operations (ERO) faces challenges in implementing the Known or Suspected Terrorist Encounter Protocol (KSTEP) screening process, which is used to identify aliens who may be known or suspected terrorists. Although ERO uses KSTEP to screen all aliens who are in ICE custody, ERO policy does not require continued screening of the approximately 2.37 million aliens when released and under ICE supervision. We sampled and tested 40 of 142 ERO case files of detained aliens identified as known or suspected terrorists during fiscal years 2013–15. All 40 files had at least one instance of noncompliance with KSTEP policy, generating greater concerns regarding the population of aliens screened and determined to have no connections to terrorism.

In response to concerns raised by immigrant rights groups and complaints to the Office of Inspector General (OIG) Hotline about conditions for detainees held in U.S. Immigration and Customs Enforcement (ICE) custody, we conducted unannounced inspections of five detention facilities to evaluate their compliance with ICE detention standards. We identified problems that undermine the protection of detainees’ rights, their humane treatment, and the provision of a safe and healthy environment. Although the climate and detention conditions varied among the facilities and not every problem was present at all of them, our observations, interviews with detainees and staff, and our review of documents revealed several issues. Upon entering some facilities, detainees were housed incorrectly based on their criminal history. Further, in violation of standards, all detainees entering one facility were strip searched. Available language services were not always used to facilitate communication with detainees. Some facility staff reportedly deterred detainees from filing grievances and did not thoroughly document resolution of grievances. Staff did not always treat detainees respectfully and professionally, and some facilities may have misused segregation. Finally, we observed potentially unsafe and unhealthy detention conditions.

We determined that 9,389 aliens identified as having multiple identities had received an immigration benefit.  When taking into account the most current immigration benefit these aliens received, we determined that naturalization, permanent residence, work authorization, and temporary protected status represent the greatest number of benefits, accounting for 8,447 or 90 percent of the 9,389 cases.  Benefits for the remaining 10 percent of cases include applications for asylum and appeals to immigration court decisions.  U.S. Citizenship and Immigration Services (USCIS) has drafted a policy memorandum, Guidance for Prioritizing IDENT Derogatory Information Related to Historical Fingerprint Enrollment Records, outlining how it will review cases of individuals with multiple identities whose fingerprints were uploaded into the Automated Biometric Identification System through Historical Fingerprint Enrollment Records.  We did not make any recommendations.