ICE

DHS could not provide any performance measures and provided only limited data to demonstrate the full extent or effectiveness of its efforts to enforce wildlife trafficking laws.  In addition, CBP personnel inconsistently recorded data on wildlife encounters, and ICE Homeland Security Investigations (HSI) special agents did not always completely or accurately record actions and data related to wildlife trafficking.  CBP personnel also did not always demonstrate that they involved ICE HSI special agents when suspecting wildlife trafficking crimes.  Finally, DHS did not establish performance goals to measure the results of its efforts to combat wildlife trafficking.  We attributed these issues to DHS, CBP, and ICE not providing adequate oversight, including clear and comprehensive policies and procedures, of wildlife trafficking efforts.  As a result, DHS may be missing opportunities to curtail the spread of zoonotic viruses and disrupt transnational criminal organizations that use the same networks for other illicit trafficking, such as narcotics, humans, and weapons.  We made one recommendation to improve the Department’s efforts to combat wildlife trafficking.  The Department concurred with the recommendation and provided a plan to improve its efforts.

During our unannounced inspection of Otay Mesa in San Diego, California, we identified violations of ICE detention standards that compromised the health, safety, and rights of detainees.  Otay Mesa complied with standards for classification and generally provided sufficient medical care to detainees.  In addressing COVID-19, Otay Mesa did not consistently enforce precautions including use of facial coverings and social distancing.   Overall, we found that Otay Mesa did not meet standards for grievances, segregation, or staff-detainee communications.  Specifically, Otay Mesa did not respond timely to detainee grievances and did not forward staff misconduct grievances to ICE as required.  In addition, Otay Mesa was not consistently providing required services for detainees in segregation including access to recreation, legal calls, laundry, linen exchange, mail, legal materials, commissary, and law library.  Further, ICE did not consistently respond to detainee requests timely and did not specify times for visits with detainees.  Finally, we determined the declining detainee population at Otay Mesa caused ICE to pay more than $22 million for unused bed space under a guaranteed minimum contract.  We made seven recommendations to ICE’s Executive Associate Director of Enforcement and Removal Operations to ensure the San Diego ERO Field Office overseeing Otay Mesa addresses identified issues and ensures facility compliance with relevant detention standards.  ICE concurred with six recommendations and non-concurred with one recommendation.

ICE has taken various actions to prevent the pandemic’s spread among detainees and staff at their detention facilities. At the nine facilities we remotely inspected, these measures included maintaining adequate supplies of PPE such as face masks, enhanced cleaning, and proper screening for new detainees and staff. However, we found other areas in which detention facilities struggled to properly manage the health and safety of detainees. For example, we observed instances where staff and detainees did not consistently wear face masks or socially distance. In addition, we noted that some facilities did not consistently manage medical sick calls and did not regularly communicate with detainees regarding their COVID-19 test results. Although we found that ICE was able to decrease the detainee population to help mitigate the spread of COVID-19, information on detainee transfers was limited. We also found that testing of both detainees and staff was insufficient, and that ICE headquarters did not generally provide effective oversight of their detention facilities during the pandemic. Overall, ICE must resolve these issues to ensure it can meet the challenges of not only the COVID-19 pandemic, but future pandemics as well. We made six recommendations to improve ICE’s management of COVID-19 in its detention facilities. ICE concurred with all six recommendations.

 Although ICE had controls in place that required Capgemini Government Solutions, LLC to provide qualified labor, ICE did not properly construct or monitor the contract.  This occurred because ICE awarded a firm-fixed-price contract but required a labor-hour performance measurement to monitor and track work hours, which was not appropriate for this type of contract.  The contractor also did not provide the number of staff ICE required for specific labor categories.  As a result, ICE cannot ensure it received all services, and it overpaid $769,869 in labor costs.  Finally, ICE did not ensure the contractor met statement of work requirements for staff skill sets, education, and work experience, nor did it ensure all contractor staff worked at the designated place of performance

During our unannounced inspection of Adams in Natchez, Mississippi, we identified violations of ICE detention standards that threatened the health, safety, and rights of detainees.  Although Adams generally provided sufficient medical care, we identified one case in which the medical unit examined a sick detainee but did not send the detainee to the hospital for urgent medical treatment, and the detainee died.  We also found the medical unit did not document outcomes of detainee sick calls or ensure proper review and follow-up of detainee test results.  In addressing COVID-19, Adams took some measures to prevent the spread of COVID-19, but detainees did not consistently follow some guidelines, including use of facial coverings and social distancing, which may have contributed to repeated COVID-19 transmissions.  Adams did not meet standards for classification, grievances, segregation, or staff-detainee communications.  Specifically, we discovered a low custody detainee comingled with higher custody detainees, and found the facility did not always identify detainees with special vulnerabilities or those requiring translation services.  Adams also did not respond timely to detainee grievances and was not consistently providing required care for detainees in segregation including access to recreation, legal calls, laundry, linen exchange, mail, legal materials, commissary, law library, and to ICE forms and drop-boxes for detainees to make requests.  In addition, ICE did not consistently respond to detainee requests timely.  Finally, we determined the declining detainee population at Adams resulted in ICE paying more than $17 million for unused bed space under a guaranteed minimum contract.  We made seven recommendations to ICE’s Executive Associate Director of Enforcement and Removal Operations (ERO) to ensure the New Orleans ERO Field Office overseeing Adams addresses identified issues and ensures facility compliance with relevant detention standards.  ICE concurred with all seven recommendations.

DHS issued notices to appear (NTA), to MPP participants that were mostly accurate and in accordance with laws and regulations.  However, some NTAs were completed inaccurately.  Specifically, of our sample of 106 NTAs from February 2019 through April 2020, U.S. Customs and Border Protection (CBP) served 20 that did not meet legal sufficiency standards or contained inaccurate information.  However, CBP agents and officers documented proactively issuing 105 of 106 NTAs in our sample in person before returning migrants to Mexico.  If CBP serves a legally insufficient NTA, U.S. Immigration and Customs Enforcement cannot prosecute its removal case if a migrant fails to appear for the initial hearing.  Serving NTAs by mail to migrants in Mexico could result in migrants missing their hearings or the Government’s cases being dismissed or challenged.  We recommended that CBP’s Executive Director of the Office of Field Operations’ Admissibility and Passenger Programs and the Deputy Chief of Border Patrol’s Law Enforcement Operations Directorate develop procedures for quality control and supervisory review of NTAs for MPP enrollees to better ensure that officers and agents fill out the NTAs accurately and completely.  We made one recommendation to improve the accuracy and completeness of NTAs issued to MPP participants.  CBP non-concurred with the recommendation due to it being overcome by events when the program was terminated by the Secretary of Homeland Security on June 1, 2021.  We administratively closed the recommendation.

U.S. Immigration and Customs Enforcement (ICE) did not adequately identify and track human trafficking crimes.  Specifically, ICE Homeland Security Investigations (HSI) did not accurately track dissemination and receipt of human trafficking tips, did not consistently take follow-up actions on tips, and did not maintain accurate data on human trafficking. These issues occurred because HSI did not have a cohesive approach for carrying out its responsibilities to combat human trafficking. We made one recommendation to improve ICE’s coordination and human trafficking efforts to assist victims. ICE concurred with our recommendation.

We determined that DHS needs to improve the collection and management of data across its multiple components to better serve and safeguard the public.  The data access, availability, accuracy, completeness, and relevance issues we identified presented numerous obstacles for DHS personnel who did not have essential information they needed for decision making or to effectively and efficiently carry out day-to-day mission operations.  Although DHS has improved its information security program and developed plans to improve quality and management of its data, follow through and continued improvement will be essential to address the internal control issues underlying the data deficiencies highlighted in the report.  We made no recommendations in the summary report.