Executive Order

We determined that, in response to Executive Order 13767, U.S. Customs and Border Protection (CBP) implemented new tools and technologies that have enhanced Border Patrol’s surveillance capabilities and efficiency along the southwest border.  We made three recommendations to improve CBP’s border technology, enhance situational awareness of the southwest border, and address potential IT security vulnerabilities.  CBP concurred with all three recommendations.

Within U.S. Customs and Border Protection (CBP), Border Patrol agents are responsible for patrolling our international land borders and coastal waters surrounding Florida and Puerto Rico. We conducted this audit to determine to what extent Border Patrol agents meet workload requirements related to investigative and law enforcement activities. Border Patrol needs to manage its workforce more efficiently, effectively, and economically. CBP and Border Patrol must expedite the development and implementation of a workforce staffing model for Border Patrol as required by Congress. Without a complete workforce staffing model, Border Patrol senior managers are unable to definitively determine the operational needs for, or best placement of, the 5,000 additional agents DHS was directed to hire per the January 2017 Executive Order.

On January 25, 2017, the President issued two Executive Orders directing the Department of Homeland Security to hire an additional 15,000 law enforcement officers. We conducted this audit to determine whether the Department and its components — specifically FLETC, USBP, and ICE — have the training strategies and capabilities in place to train 15,000 new agents and officers.  Prior to the start of the hiring surge, FLETC’s capacity is already overextended. FLETC is not only responsible for accommodating the anticipated Department hiring surge, but also for an expected increase in demand from other Partner Organizations. Despite observing ongoing work in the development of hiring surge training plans and strategies, challenges exist due to uncertain funding commitments and current training conditions. Absent remedial action, these challenges may impede consistency and lead to a degradation in training and standards. As a result, trainees will be less prepared for their assigned field environment, potentially impeding mission achievability and increasing safety risk to themselves, other law enforcement officers, and anyone within their enforcement authority.

We examined whether ICE is effectively overseeing and managing the 287(g) program as it expands. Under the 287(g) program, U.S. Immigration and Customs Enforcement (ICE) delegates authority to state and local law enforcement agencies to help ICE in its immigration enforcement mission in their jurisdictions. After the Executive Order was issued, the 287(g) program expanded quickly, it rose from 36 to 76.  ICE approved 40 additional applicants without planning for a corresponding increase in program management staffing, determining how to promptly deliver needed information technology (IT) equipment to participants, or ensuring participants are fully trained.  

Without effective oversight, it is difficult to monitor and measure performance to determine whether program participants are assisting ICE in its immigration enforcement mission. Further, without the necessary equipment and training, program participants may not be acting as a force multiplier to identify removable aliens. ICE may also not be able to fully expand the program and include new localities interested in participating.

Following news reports that U.S. Customs and Border Protection (CBP) personnel implementing Executive Order#13769 (EO) “Protecting the Nation from Foreign Terrorist Entry into the United States”(January 27, 2017) potentially violated the civil rights of individual travelers, we received a congressional request to investigate DHS’s implementation of the EO. In response, we investigated how DHS and CBP, the DHS entity primarily responsible for implementation of the EO, responded to challenges presented by the EO, including the consequence of court orders and CBP’s compliance with them. In our investigation, we found that CBP was caught by surprise when the President issued the EO on January 27, 2017. DHS had little opportunity to prepare for and respond to basic questions about which categories of travelers were affected by the EO. We found that the bulk of travelers affected by the EO who arrived in the United States, particularly LPRs, received national interest waivers. In addition, we observed that the lack of a public or congressional relations strategy significantly hampered CBP and harmed its public image.