While immigration judges have the authority to make custody  determinations, ICE also makes the initial decision as to whether to detain  aliens in ICE custody or release them to the community pending removal  proceedings, subject to certain laws. The contractor maintains in-person contact with the alien, which includes  requiring periodic office visits and conducting unscheduled home visits,  and monitoring the alien with either Global Positioning System (GPS)  equipment or a telephonic reporting system. The Technology-only component  offers a lower level of supervision at a lower contract cost than the Full- service component and allows ICE to monitor aliens’ compliance with the  terms of their release using either telephonic reporting or GPS equipment   ICE officers are responsible for providing  provided by the contractor.case management, in addition to removing aliens from the country and  responding to violations. ICE Expanded the ATD Program and Changed Program Use, but Has Not Monitored Implementation of Guidance Intended to Help Ensure Program Cost-Effectiveness

The number of aliens participating in the ATD program increased from  fiscal year 2011 to fiscal year 2013, in part because of increases in either  enrollments or the average length of time aliens spent in one of the  program’s components; and ICE changed the focus of the program to  align with changes in agency priorities. Pursuant to ICE guidance in 2011,  ICE also recommended that ERO field offices transition aliens among the  two ATD program components—or levels of supervision—to help facilitate  cost-effective use of the ATD program; however, ICE has not monitored  the extent to which ERO field offices have consistently implemented the  guidance. As shown in  figure 3, the increase from fiscal years 2011 to 2013 was due to  enrollments in the Full-service component—which increased by 60  percent during this time. Specifically, aliens enrolled in the Full-service component in fiscal year  2013 spent about 10 months in the component, and those enrolled in  Technology-only in fiscal year 2013 spent about 18 months in this  component. ICE Increased the Number of Aliens Terminated from the ATD Program, but Has Not Monitored Implementation of Guidance to Help Ensure Cost-Effective Program Implementation

ICE increased the number of aliens terminated from the ATD program  since 2011 after guidance directed ERO field offices to more cost- effectively use the ATD program; however, ICE has not monitored the  extent to which field offices have implemented the guidance. Pursuant to this  guidance, ICE officials recommended that field officials reserve more  intense and costly supervision options under the Full-service component  for (1) aliens who are newly enrolled in ATD who do not have an order of  removal or an immediate immigration court date and (2) aliens who have  already received a final order of removal from the country—the latter of  which is seen as a best practice, according to ICE. ICE established a program  performance measure in 2004 to monitor alien compliance with  requirements to appear at their immigration hearings. Data collected by  ICE’s ATD contractor for the Full-service component of the ATD program  from fiscal years 2011 through 2013 showed that over 99 percent of  aliens with a scheduled court hearing appeared at their scheduled court  hearings while participating in this component of the ATD program, with  the appearance rate dropping slightly to over 95 percent of aliens with a  scheduled final hearing appearing at their final removal hearing, as shown  in figure 6. According to ICE officials, the  agency did not require the contractor to capture similar data for the  Technology-only component because when the ATD program was  created, it was envisioned that most aliens would be in the Full-service  component for the duration of the immigration process, and data for  aliens in the Full-service component are collected by the contractor.officials stated that they did not have sufficient resources to collect such  data for the Technology-only component, given other priorities. However, ICE officials will  not be required to have the contractor collect these data under the  contract. While ICE’s plan to expand data collection for the Technology- only component under the new contract is a positive step that will help  provide more information for assessing the performance of that program  component, ICE may not have complete data for assessing program  performance without requirements that ICE or contractor field staff collect  these data. Removals from the United States. Recommendations for Executive Action

To strengthen ICE’s management of the ATD program and ensure that it  has complete and reliable data to assess and make necessary resource  and management decisions, we recommend that the Secretary of  Homeland Security direct the Deputy Assistant Secretary of ICE to take  the following two actions: analyze data on changes in supervision levels and program  terminations to monitor ERO field offices’ implementation of ICE  guidance intended to ensure cost-effective management of the  program, and  require that field offices ensure that ICE or contractor staff collect and  report data on alien compliance with court appearance requirements  for all participants in the Technology-only component of the ATD  program.
Why GAO Did This Study

Aliens awaiting removal proceedings or found to be removable from the United States are detained in ICE custody or released into the community under one or more options, such as release on bond and under supervision of the ATD program. Within the Department of Homeland Security (DHS), ICE is responsible for overseeing aliens in detention and those released into the community. In 2004 ICE implemented the ATD program to be a cost-effective alternative to detaining aliens. ICE administers the program with contractor assistance using case management and electronic monitoring to ensure aliens comply with release conditions—including appearing at immigration court hearings and leaving the United States if they receive a final order of removal. The Joint Explanatory Statement to the 2014 Consolidated Appropriations Act mandated that GAO evaluate ICE's implementation of the ATD program.
This report addresses (1) trends in ATD program participation from fiscal years 2011 through 2013 and the extent to which ICE provides oversight to help ensure cost-effective program implementation, and (2) the extent that ICE measured the performance of the ATD program for fiscal years 2011 through 2013. GAO analyzed ICE and ATD program data, reviewed ICE documentation, and interviewed ICE and ATD contractor officials.

What GAO Found

From fiscal year 2011 through fiscal year 2013, the number of aliens who participated in the U.S. Immigration and Customs Enforcement's (ICE) Alternatives to Detention (ATD) program increased from 32,065 to 40,864, in part because of increases in either enrollments or the average length of time aliens spent in one of the program's components. For example, during this time period, the number of aliens enrolled in the Full-service component, which is run by a contractor that maintains in-person contact with the alien and monitors the alien with either Global Positioning System (GPS) equipment or a telephonic reporting system, increased by 60 percent. In addition, the average length of time aliens spent in the Technology-only program component, which offers a lower level of supervision at a lower contract cost than the Full-service program component and involves ICE monitoring of aliens using either telephonic reporting or GPS equipment provided by a contractor, increased by 80 percent—from about 10 months to about 18 months. In 2011, ICE recommended practices in guidance to its Enforcement and Removal Operations (ERO) field offices to better ensure cost-effective implementation of the program. For example, ICE recommended that field officers move aliens who have demonstrated compliance under the Full-service component to the less costly Technology-only component. GAO's work showed differences in ERO field offices' implementation of the guidance. However, ICE headquarters officials said that because of limitations in how they collect and maintain program data, they do not know the extent to which field officers have consistently implemented this guidance. ICE plans to institute new data collection requirements to address these limitations and use these data for a variety of purposes; however, ICE has not considered how to analyze these data to monitor the extent to which ERO field offices are implementing the guidance. Analyzing these data, once collected, could help ICE better monitor the extent to which ERO field offices are implementing the practices in its guidance intended to ensure more cost-effective program operation.
ICE has established ATD program performance measures to, among other things, assess alien compliance with requirements to appear in court and leave the country after receiving a final order of removal, but it has not collected complete data for assessing progress against these measures. Specifically, ICE's ATD contractor collected data for the Full-service component, and from fiscal years 2011 through 2013, these data showed that over 99 percent of aliens with a scheduled court hearing appeared in court as required. However, ICE did not collect similar performance data to report results for aliens enrolled in the Technology-only component—which composed 39 percent of the overall ATD program participants in fiscal year 2013—because when the program was first created, ICE officials stated that they envisioned that most aliens would be in the Full-service component with data tracked by the contractor. ICE plans to expand the contractor's role in data collection but does not plan to require collection of performance data for aliens enrolled in the Technology-only component; rather ICE plans to leave it to the discretion of field officials as to whether to require the contractor to collect these data. Without requirements to collect these data, ICE may not have complete information to fully assess program performance.

What GAO Recommends

GAO recommends that ICE analyze data to monitor ERO field offices' implementation of guidance and require the collection of data on the Technology-only component. DHS concurred with the recommendations.