The Victoria 19 case has been cited by ICE as representing a new  model for fighting alien smuggling—a model that ICE (1) subsequently  used to launch a multi-agency task force (Operation ICE Storm) in the  Phoenix (Arizona) metropolitan area and (2) reportedly was using to  develop ICE’s national “Antismuggling/Human-Trafficking Strategy.”

	ICE’s Strategy for Combating Alien Smuggling Not Yet Issued

Although its development was announced as early as June 2003, a national  strategy for combating alien smuggling had not been finalized and  implemented by ICE as of July 5, 2005. ICE officials indicated that the draft strategy was being adjusted to  broadly cover all aspects of smuggling—encompassing aliens, as well as  drugs and other illegal contraband—and to focus initially on the  Southwest border, between the United States and Mexico—the most  active area in terms of smuggling activity and open investigations. Also, ICE and CBP— two DHS components with complementary antismuggling missions— signed a memorandum of understanding in November 2004 to address  their respective roles and responsibilities, including provisions to ensure  proper and timely sharing of information and intelligence. CBP has  primary responsibility for interdictions between ports of entry while ICE  has primary responsibility for investigations, including those resulting  from alien smuggling interdictions referred by CBP. Currently, however, there is  no mechanism in place for tracking the number and the results of referrals  or leads made by CBP to ICE for investigation, including even whether ICE  declined to act on the referrals. For instance, if a tracking  mechanism were in place, CBP could continue pursuing certain leads if  ICE—for lack of available resources or other reasons—does not take  action on the referrals. Under this  statute, which is codified at 8 U.S.C. § 1324, about 2,400 criminal  defendants were convicted in federal district courts in fiscal year 2004. As mentioned previously, alien smuggling globally generates billions of  dollars in illicit revenues annually, according to some estimates. ICE officials  noted, however, that none of ICE’s reported seizures from alien-smuggling  cases in fiscal year 2004 ($7.3 million) and the first 6 months of fiscal year  2005 ($7.8 million) were made abroad. However, our May 2005  report noted that Justice does not have a legislative proposal on this  subject pending before Congress because the department’s legislative  policy resources have been focused on other priorities. Conclusions

Creation of DHS in March 2003 has provided new opportunities to more  effectively combat alien smuggling, particularly in reference to using  financial investigative techniques to target and seize the monetary assets  of smuggling organizations. Also evolving is the  working relationship of ICE and CBP, two DHS components that have the  primary responsibility for investigating and interdicting alien smugglers. Having clearly defined roles and responsibilities for these components is  important, given their complementary antismuggling missions. According to Justice and ICE, the absence  of civil forfeiture authority for real property used to facilitate the  smuggling of aliens is inappropriate because law enforcement is unable in  many cases to seize stash houses where smugglers hide aliens while  awaiting payment and travel arrangements to final destinations throughout  the nation. Specifically, we recommended that  the Secretary of Homeland Security establish a cost-effective  mechanism for tracking the number and results of referrals by CBP to  ICE, and  the Attorney General, in collaboration with the Secretary of Homeland  Security, consider developing and submitting to Congress a legislative  proposal, with appropriate justification, for amending the civil  forfeiture authority for real property used to facilitate the smuggling of  aliens.
Why GAO Did This Study

Globally, alien smuggling generates billions of dollars in illicit revenues annually and poses a threat to the nation's security. Creation of the Department of Homeland Security (DHS) in March 2003 has provided an opportunity to use financial investigative techniques to combat alien smugglers by targeting and seizing their monetary assets. For instance, the composition of DHS's largest investigative component--U.S. Immigration and Customs Enforcement (ICE)--includes the legacy Customs Service, which has extensive experience with money laundering and other financial crimes. Another DHS component, U.S. Customs and Border Protection (CBP) has primary responsibility for interdictions between ports of entry. In summer 2003, ICE announced that it was developing a national strategy for combating alien smuggling. This testimony is based on GAO's May 2005 report on the implementation status of the strategy and investigative results in terms of convictions and seized assets.

What GAO Found

As of July 5, 2005, ICE had not finalized its strategy for combating alien smuggling. ICE was adjusting the draft strategy to focus on the southwest border and encompass all aspects of smuggling, aliens as well as drugs and other contraband. In adjusting the strategy, ICE officials stressed the importance of incorporating lessons learned from ongoing follow-the-money approaches such as Operation ICE Storm, a multi-agency task force launched in October 2003 to crack down on migrant smuggling and related violence in Arizona. Also, the strategy's effectiveness depends partly on having clearly defined roles and responsibilities for ICE and CBP, two DHS components that have complementary antismuggling missions. CBP is primarily responsible for interdictions between ports of entry and ICE for investigations that extend to the U.S. interior. In this regard, ICE and CBP signed a memorandum of understanding in November 2004 to address their respective roles and responsibilities, including provisions for sharing information and intelligence. Currently, however, there is no mechanism in place for tracking the number and the results of referrals made by CBP to ICE for investigation. CBP and ICE officials acknowledged that establishing a tracking mechanism could have benefits for both DHS components. Such a mechanism would help ICE ensure that appropriate action is taken on the referrals. Also, CBP could continue to pursue certain leads if ICE--for lack of available resources or other reasons--cannot take action on the referrals. In fiscal year 2004, about 2,400 criminal defendants were convicted in federal district courts under the primary alien-smuggling statute, and ICE reported seizures totaling $7.3 million from its alien-smuggling investigations. For the first 6 months of fiscal year 2005, ICE reported $7.8 million in seizures from alien-smuggling investigations. A concern raised by ICE and the Department of Justice is the lack of adequate statutory civil forfeiture authority for seizing real property, such as "stash" houses where smugglers hide aliens while awaiting payment and travel arrangements to final destinations throughout the nation. However, Justice does not have a legislative proposal on this subject pending before Congress because the department's legislative policy resources have been focused on other priorities.