ICE Has Not Documented the 287(g) Program Objective in Program- Related Documents

According to ICE senior program officials, the main objective of the 287(g)  program is to enhance the safety and security of communities by  addressing serious criminal activity such as violent crimes, human  smuggling, gang/organized crime activity, sexual-related offenses,  narcotics smuggling and money laundering committed by removable  aliens. Program-Related Documents Lack Detail Regarding Program Implementation and ICE Supervision Activities

ICE has not consistently articulated in program-related documents, such  as MOAs, brochures and training materials, how participating agencies are  to use their 287(g) authority, nor has it described the nature and extent of  ICE supervision over these agencies’ implementation of the program. The MOA is designed to help ensure that  management’s directives for the program are carried out by program  participants. Internal control standards state that a  good internal control environment requires that an agency’s organizational  structure define key areas of authority and responsibility. In response to our inquiry, ICE officials did not provide a clear definition  of the nature and extent of ICE supervision to be provided to participating  agencies. There was wide variation in the  perceptions of what supervisory activities are to be performed. ICE Has Not Ensured Information Regarding the 287(g) Program Is Obtained and Communicated

			Collection and Reporting Requirements Are Not Defined

While ICE states in its MOAs that participating agencies are responsible  for tracking and reporting data, the MOA did not provide details as to what  data needs to be collected or in what manner data should be collected and  reported. Without clearly  communicating to participating agencies guidance on what data is to be  collected and how it should be gathered and reported, ICE management  may not have the information it needs to ensure the program is achieving  its objective. From fiscal years 2006 through 2008,  ICE received approximately $60 million to provide 287(g) resources for 67  participating agencies nationwide as follows:    Training. As of October 2008, ICE  had trained and certified 951 state or local officers in the 287(g)  program. Equipment. Supervision. Program Activities Are Reported by ICE and Participating Agencies Reported Benefits and Concerns

Both ICE and state and local law enforcement agencies participating in the  287(g) program have reported activities, benefits, and concerns associated  with the program. Of those 43,000 aliens arrested by program participants  pursuant to the 287(g) authority, ICE detained about 34,000 and placed  about 14,000 (41 percent) of those detained in removal proceedings, and  arranged for about 15,000 (44 percent) to be voluntarily removed. The  remaining 5,000 (15 percent) arrested aliens detained by ICE were either  given a humanitarian release, sent to a federal or state prison to serve a  sentence for a felony offense, or not taken into ICE custody given the  minor nature of the underlying offense and limited availability of detention  space. Recommendations for Executive Action

To help ensure that the ICE 287(g) program achieves the results intended,  we are recommending that the Assistant Secretary for ICE take the  following five actions:    Document the objective of the 287(g) program for participants,    Clarify how and under what circumstances 287(g) authority is to be  used by state and local law enforcement officers in participating  agencies,   Document in MOAs the nature and extent of supervisory activities ICE  officers are expected to carry out as part of their responsibilities in  overseeing the implementation of the 287(g) program and  communicate that information to both ICE officers and state and local  participating agencies,   Specify the program information or data that each agency is expected  to collect regarding their implementation of the 287(g) program and  how this information is to be reported, and    Establish a plan, including a time frame, for the development of  performance measures for the 287(g) program. Appendix II: Structured Interview Questions for All 29 Participants of the 287(g) Program

Appendix III: Objectives, Scope, and Methodology

	Objectives

This report addresses (1) the extent to which ICE has designed controls to  govern 287(g) program implementation and (2) how program resources  are being used and the program activities, benefits, and concerns reported  by participating agencies. Officials from all 29 state and local law enforcement agencies that had  entered into agreements with ICE as of September 1, 2007, listed  below. We also compared controls ICE told us they designed to  govern implementation of the 287(g) program, including conducting  background checks, providing formal training with qualifying exams for  the applicants’ officers, and agreeing with state and local agencies to  MOAs, with criteria in GAO’s Standards for Internal Control in the Federal  Government, the Government Performance and Results Act (GPRA) and  standard practices for program management.
Why GAO Did This Study

Section 287(g) of the Immigration and Nationality Act, as amended, authorizes the federal government to enter into agreements with state and local law enforcement agencies to train officers to assist in identifying those individuals who are in the country illegally. U.S. Immigration and Customs Enforcement (ICE) is responsible for supervising state and local officers under this program. GAO was asked to review this program. This report reviews (1) the extent to which ICE has designed controls to govern 287(g) program implementation; and (2) how program resources are being used and the activities, benefits, and concerns reported by participating agencies. GAO reviewed memorandums of agreement (MOA) between ICE and the 29 program participants as of September 1, 2007. GAO compared controls ICE designed to govern the 287(g) program with criteria in GAO's Standards for Internal Control in the Federal Government. GAO interviewed officials from both ICE and participating agencies on program implementation, resources, and results.

What GAO Found

ICE has designed some management controls to govern 287(g) program implementation, such as MOAs and background checks of state and local officers, but the program lacks other controls, which makes it difficult for ICE to ensure that the program is operating as intended. First, the program lacks documented program objectives to help ensure that participants work toward a consistent purpose. ICE officials stated that the objective of the program is to address serious crime, such as narcotics smuggling committed by removable aliens; however, ICE has not documented this objective in program materials. As a result, of 29 program participants reviewed by GAO, 4 used 287(g) authority to process individuals for minor crimes, such as speeding, contrary to the objective of the program. Second, ICE has not described the nature and extent of its supervision over participating agencies' implementation of the program, which has led to wide variation in the perception of the nature and extent of supervisory responsibility among ICE field officials and officials from the participating agencies. ICE is statutorily required to supervise agencies participating in the 287(g) program, and internal control standards require an agency's organizational structure to clearly define key areas of authority and responsibility. Defining the nature and extent of the agency's supervision over this large and growing program would strengthen ICE's assurance that management's directives are being carried out. Finally, while ICE states in its MOAs that participating agencies are responsible for tracking and reporting data to ICE, in 20 of 29 MOAs GAO reviewed, ICE did not define what data should be tracked or how it should be collected and reported. Communicating to participating agencies what data is to be collected and how it should be gathered and reported would help ensure that ICE management has the information needed to determine whether the program is achieving its objective. ICE and program participants use resources for personnel, training, and equipment, and participants report activities, benefits, and concerns regarding the program. In fiscal years 2006-2008, ICE received about $60 million to train, supervise, and equip program participants. As of October 2008, ICE reported enrolling 67 agencies and training 951 state and local law enforcement officers. According to data provided by ICE for 25 of the 29 program participants reviewed by GAO, during fiscal year 2008, about 43,000 aliens had been arrested pursuant to the program, and of those, ICE detained about 34,000. About 41 percent of those detained were placed in removal proceedings, and an additional 44 percent agreed to be voluntarily removed. The remaining 15 percent of those detained by ICE were given a humanitarian release, sent to federal or state prison, or released due to the minor nature of their crime and federal detention space limitations. Program participants report a reduction in crime, the removal of repeat offenders, and other public safety benefits. However, over half of the 29 agencies GAO contacted reported concerns from community members that use of program authority would lead to racial profiling and intimidation by law enforcement officials.