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 April 2005. 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. 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. ICE and CBP Agreement (November 2004)

In November 2004, ICE and CBP signed a second memorandum of  understanding, which acknowledged that the missions of the two DHS  components “are intricately connected and complementary.” The  memorandum stated, for instance, that ICE’s Office of Investigations has  primary responsibility for all investigations, while the Border Patrol has  primary responsibility for all interdictions between ports of entry. ICE officials noted, however, that establishment of a  tracking mechanism would help ICE ensure that appropriate action is  taken on referrals. Prosecutions and Convictions Pursued in Alien-Smuggling Cases; Asset Seizures Expected to Increase

About 2,400 criminal defendants were convicted in federal district courts  in fiscal year 2004 under the primary alien-smuggling statute. In this regard, for the  first 6 months of fiscal year 2005, ICE reported seizures of $7.8 million  from alien-smuggling investigations. Justice officials told us in  April 2005, however, that the department 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. Having clearly defined roles  and responsibilities for these components is important, given their  complementary antismuggling missions. 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. 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. Rather,  ICE was in the process of adjusting the draft strategy to focus on the  southwest border and encompass all aspects of smuggling, aliens as well  as drugs and other contraband. Also, we  obtained information about Operation ICE Storm, a multi-agency task  force launched in October 2003 to crack down on migrant smuggling and  related violence in Arizona by, among other means, targeting the monetary  assets of smuggling organizations (see app. In  particular, U.S. Immigration and Customs Enforcement—the largest  investigative component of DHS—integrates the legal authorities and  investigative tools of the legacy Immigration and Naturalization Service  and the Treasury Department’s U.S. Customs Service, which has extensive  experience in combating money laundering and other financial crimes. Appendix VII: Comments from the Department of Homeland Security
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. Among other objectives, GAO determined the implementation status of the strategy and investigative results in terms of convictions and seized assets.

What GAO Found

As of April 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. 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.