	DHS Continually Reviews Potential Overstay Records, but Unmatched Arrival Records Remain

		DHS Reviewed a Backlog of 1.6 Million Potential Overstay Records

DHS has taken action to address a backlog of potential overstay records  we previously identified in April 2011. DHS uses ADIS to match departure records to arrival records  and subsequently close records for individuals with matching arrival and  departure records because either (1) the individual departed prior to the  end of his or her authorized period of admission and is therefore not an  overstay or (2) the individual departed after the end of his or her  authorized period of admission and is therefore an out-of-country  overstay. Unmatched arrival records—those records in ADIS that do not  have corresponding departure records—remain open and indicate that  those individuals are potential in-country overstays. Since completing this review of the backlog of potential overstay records  in the summer of 2011, DHS has continued to review all potential  overstay records through national security and law enforcement  databases to identify potential threats, regardless of whether the subjects  of the records meet ICE’s priorities for enforcement action. DHS Has More than 1 Million Unmatched Arrival Records

As of April 2013, DHS continues to maintain more than 1 million  unmatched arrival records in ADIS (that is, arrival records for which ADIS  does not have a record of departure or status change). For  example, our preliminary analysis shows that 44 percent of the  unmatched arrival records are nonimmigrants traveling to the United  States on a tourist visa, while 43 percent are also tourists but were  admitted under the Visa Waiver Program. DHS Has Actions Completed and Under Way to Improve Data, but the Effect of These Changes Is Not Yet Known

		DHS Has Begun Collecting Additional Data and Improved Sharing of Data among Its Databases to Help Identify Potential Overstays

Since April 2011, DHS has taken various actions to improve its data on  potential overstays. Since that time, DHS has taken action to  strengthen its processes for reviewing records to identify potential  overstays, including (1) streamlining connections among DHS databases  used to identify potential overstays and (2) collecting information from the  Canadian government about those exiting the United States and entering  Canada through northern land ports of entry. These changes have resulted in efficiencies in reviewing records for  determining possible overstay leads; however, they do not address some  of the underlying data quality issues we previously identified, such as  incomplete data on departures through land ports of entry. Furthermore,  because many of these changes were implemented in April 2013, it is too  early to assess their effect on the quality of DHS’s overstay data. DHS Continues to Face Challenges in Reporting Reliable Overstay Rates, and Recent Changes Have Not Yet Been Fully Implemented

DHS has not reported overstay rates because of concerns about the  reliability of its data on overstays. Since 1994,  DHS or its predecessors have not reported annual overstay rates  regularly because of its concerns about the reliability of the department’s  overstay data. In September 2008, we reported on limitations in overstay  data, such as missing data for land departures, that affect the reliability of  overstay rates. In April 2011, we reported that DHS officials stated that  the department had not reported overstay rates because it had not had  sufficient confidence in the quality of its overstay data. DHS officials  stated at the time that, as a result, the department could not reliably  report overstay estimates in accordance with the statute. Although the  new departure data DHS is collecting as part of the Beyond the Border  initiative may allow DHS to close out more potential overstay records in  the future, these data are limited to land departure at northern border  ports of entry, and as the initiative has not yet been fully implemented, it  is too early to assess its effect on helping strengthen the reliability of  DHS’s overstay data for reporting purposes. In February 2013, the  Secretary of Homeland Security testified that DHS plans to report  overstay rates by December 2013. As of April 2013, DHS was working  to determine how it plans to calculate and report these overstay rates. DHS Faces Challenges Planning for a Biometric Exit System at Air and Sea Ports of Entry

Developing a biometric exit capability has been a long-standing challenge  for DHS. Beginning in 1996, federal law has required the implementation  of an integrated entry and exit data system for foreign nationals. Since 2004, we have  issued a number of reports on DHS’s efforts to implement a biometric  entry and exit system. DHS has generally  concurred with our recommendations and has reported taking action to  address them. As of April 2013,  the department’s planning efforts are focused on developing a biometric  exit system for airports, with the potential for a similar solution to be rolled  out at seaports, according to DHS officials. However, in October 2010,  DHS identified three primary reasons why it has been unable to  determine how and when to implement a biometric air exit solution:   (1) the methods of collecting biometric data could disrupt the flow of  travelers through air terminals; (2) air carriers and airport authorities had  not allowed DHS to examine mechanisms through which DHS could  incorporate biometric data collection into passenger processing at the  departure gate; and (3) challenges existed in capturing biometric data at  the point of departure, including determining what personnel should be  responsible for the capture of biometric information at airports. We plan to  report on the results of our analysis in July 2013.
Why GAO Did This Study

Each year, millions of visitors come to the United States legally on a temporary basis either with or without a visa. Overstays are individuals who were admitted into the country legally on a temporary basis but then overstayed their authorized periods of admission. DHS has primary responsibility for identifying and taking enforcement action to address overstays. Within DHS, U.S. Customs and Border Protection is tasked with inspecting all people applying for entry to the United States. U.S. Immigration and Customs Enforcement is responsible for enforcing immigration law in the interior of the United States. In April 2011, GAO reported on DHS's actions to identify and address overstays and made recommendations to strengthen these processes. DHS concurred and has taken or is taking steps to address them. Since April 2011, DHS has reported taking further actions to strengthen its processes for addressing overstays.
This testimony discusses GAO's preliminary observations on DHS's efforts since April 2011 to (1) review potential overstay records for national security and public safety concerns, (2) improve data on potential overstays and report overstay rates, and (3) plan for a biometric exit system. This statement is based on preliminary analyses from GAO's ongoing review of overstay enforcement for this subcommittee and other congressional requesters. GAO analyzed DHS documents and data related to overstays and interviewed relevant DHS officials. GAO expects to issue a final report on this work in July 2013. DHS provided technical comments, which were incorporated as appropriate.

What GAO Found

Since GAO reported on overstays in April 2011, the Department of Homeland Security (DHS) has taken action to address a backlog of potential overstay records by reviewing such records to identify national security and public safety threats, but unmatched arrival records remain in DHS's system. In April 2011, GAO reported that, as of January 2011, DHS's Arrival and Departure Information System (ADIS) contained a backlog of 1.6 million potential overstay records. DHS uses ADIS to match departure records to arrival records and subsequently close records for individuals with matching arrival and departure records. Unmatched arrival records--those that do not have corresponding departure records--remain open and indicate that the individual is a potential overstay. In the summer of 2011, DHS reviewed the 1.6 million potential overstay records. As a result, DHS closed about 863,000 records and removed them from the backlog. Since that time, DHS has continued to review all potential overstay records for national security and public safety concerns. However, as of April 2013, DHS continues to maintain more than 1 million unmatched arrival records in ADIS. GAO's preliminary analysis identified nonimmigrants traveling to the United States on a tourist visa constitute 44 percent of unmatched arrival records, while tourists admitted under a visa waiver constitute 43 percent. The remaining records include various types of other nonimmigrants, such as those traveling on temporary worker visas.
DHS has actions completed and under way to improve data on potential overstays and report overstay rates, but the impact of these changes is not yet known. DHS has streamlined connections among databases used to identify potential overstays, among other things. Although these actions have resulted in efficiencies in processing data, they do not address underlying data quality issues, such as missing land departure data. Further, because many of these changes were implemented in April 2013, it is too early to assess their effect on the quality of DHS's overstay data. DHS continues to face challenges in reporting reliable overstay rates. Federal law requires DHS to report overstay estimates, but DHS or its predecessors have not regularly done so since 1994. In September 2008, GAO reported on limitations in overstay data that affect the reliability of overstay rates. In April 2011, GAO reported that DHS officials said that they have not reported overstay rates because DHS has not had sufficient confidence in the quality of its overstay data and that, as a result, DHS could not reliably report overstay rates. In February 2013, the Secretary of Homeland Security testified that DHS plans to report overstay rates by December 2013.
DHS faces challenges planning for a biometric exit system at air and sea ports of entry. Beginning in 1996, federal law has required the implementation of an integrated entry and exit data system for foreign nationals. As of April 2013, DHS's planning efforts are focused on developing a biometric exit system for airports, with the potential for a similar solution at sea ports. However, in October 2010, DHS identified key challenges as to why it has been unable to determine how and when to implement a biometric air exit capability, including challenges in determining what personnel should be responsible for the capture of biometric information.
GAO is assessing DHS's plans and efforts in these areas and plans to report on its results in July 2013.