Most Secure Communities Removals Were Criminal Aliens, but Arrest Charge Data Are Incomplete

ICE data show that from October 2008 through March 2012, Secure  Communities led to the removal of about 183,000 aliens, of which  approximately 74 percent had a criminal conviction and 26 percent did not  have a criminal conviction known to ICE. Of the data that ICE  collected, traffic offenses were the most frequent arrest charges, of which  over half were arrests for driving under the influence of alcohol. From October 2008 through March 2012, ICE removed 182,896 aliens  identified by Secure Communities, as indicated by ICE’s data. ICE Had Incomplete Data on Arrest Charges for Over Half of the Aliens It Removed under Secure Communities

ICE did not have a record of the state or local arrest charges for about 56  percent of the approximately 119,000 aliens that Secure Communities  identified and ICE removed during fiscal year 2011 and the first half of  fiscal year 2012, so we were unable to determine the most frequent arrest  charges of aliens removed under the program. As these efforts  have only recently been initiated, it is too early to assess the  effectiveness of ICE’s efforts to improve the collection of arrest charge  data. Weaknesses in ICE’s acquisition planning contributed to delays, cost  increases, and products provided under the contracts that did not meet  mission needs. The schedule delays and cost increases can be attributed in part to  weaknesses in ICE’s planning, including ICE (1) not fully defining  requirements before awarding contracts and (2) not developing an  integrated master schedule. Consequently, ICE spent $14.3 million for the SDS contract to develop  services that ICE found to be unusable. While planning efforts can be subject to uncertainty  about future funding, developing a workforce plan prior to full program  and system deployment could help position ICE so it is ready to  effectively align staff among components responding to law enforcement  agency queries when the modernized ACRIMe system is deployed. ICE and CRCL Identified Safeguards to Help Address Potential Civil Rights Abuses under Secure Communities; Some Efforts Have Not Yet Been Fully Implemented

ICE and CRCL jointly identified four safeguards used to help protect  aliens’ civil rights under Secure Communities. These safeguards include  providing detainees a revised detainer form with telephone numbers to  call when they believe their civil rights have been violated or they are U.S.  citizens or crime victims, developing training materials for state and local  law enforcement and ICE officials on how to protect aliens’ civil rights,  initiating a process to statistically monitor arrests under Secure  Communities to identify and investigate potential patterns of civil rights  abuses, and using DHS’s existing complaint process to investigate  complaints about possible civil rights abuses related to Secure  Communities. ICE has invested millions of dollars to modernize ACRIMe  capabilities that are central to Secure Communities’ success, but has not  followed best practices in its acquisition of the modernized technology. Recommendations for Executive Action

To help ensure that ICE acquires effective technology to support the  Secure Communities program and effectively uses its workforce, we  recommend that the Director of ICE take the following three actions to  follow sound management practices: establish well-defined requirements prior to awarding additional develop an integrated master schedule that identifies all tasks to be  performed by the government and current and future contractors, and  links activities being performed by different contractors; and develop a workforce plan to support the analysis of immigration status  determinations under Secure Communities.
Why GAO Did This Study

Initiated in 2008, Secure Communities is an ICE program designed to identify potentially removable aliens, particularly those with criminal convictions, in state and local law enforcement custody. Fingerprints checked against a Federal Bureau of Investigation criminal database are checked against DHSs immigration database to help determine whether an arrested individual is removable. GAO was asked to review Secure Communities operations. This report addresses (1) enforcement trends under Secure Communities, (2) ICEs adherence to best practices in acquiring Secure Communitiesrelated technology, and (3) ICE safeguards to help protect against potential civil rights abuses under Secure Communities. GAO analyzed ICE data on removals from October 2008 through March 2012, and arrest charges from October 2010 through March 2012; reviewed program guidance, policies, and reports; and interviewed ICEs Law Enforcement Support Center and agency officials, local law enforcement and community groups in four locations selected for geographic diversity, among other factors. These perspectives are not generalizable, but provided insights into Secure Communities operations.

What GAO Found

Data from the Department of Homeland Securitys (DHS) Immigration and Customs Enforcement (ICE) indicate that the percentage of its removals attributable to Secure Communities increased from about 4 percent in fiscal year 2009 to about 20 percent in fiscal year 2011. Of about 183,000 aliens removed under the program from October 2008 through March 2012, about 74 percent had a criminal conviction. ICE did not have state or local arrest charges for about 56 percent of alien Secure Communities removals from October 2010 (when ICE began collecting arrest charges) through March 2012, so we were unable to determine the most frequent arrest charges under the program. For the 44 percent of aliens removed on whom ICE collected arrest charge data, traffic offenses, including driving under the influence of alcohol, were the most frequent arrest charges. ICE is taking steps to improve the collection of arrest charge data, but it is too early to assess the effectiveness of its efforts.
ICE has not consistently followed best practices in acquiring technology to help determine the immigration status of aliens identified by Secure Communities. ICE awarded contracts to modernize its technology without fully defining requirements or developing an integrated master scheduletwo best practices for managing capital programs. As a result, ICE encountered delays, cost increases, and products that did not meet ICEs needs. For example, ICE spent $14.3 million for one contract to develop services that ICE found to be unusable. Establishing well-defined requirements and developing an integrated schedule for completing technology modernization could better position ICE to prevent delays and cost increases. Further, ICE plans to develop a workforce plan after the systems are deployed. Developing a workforce plan prior to full system deployment, consistent with internal controls, could better position ICE to effectively use staff when it deploys the modernized technology.
DHSs Office of Civil Rights and ICE identified four safeguards to help protect aliens civil rights under Secure Communities, including providing detainees with a revised detainer form with telephone numbers to call when they feel their civil rights have been violated. Officials are also developing briefing materials on how to protect aliens civil rights, statistically analyzing arrest and other information to identify potential civil rights abuses, and using an existing DHS complaint process for addressing Secure Communities concerns.

What GAO Recommends

GAO recommends that ICE develop well-defined requirements and an integrated master schedule that accounts for all activities for its technology contracts, and a plan for workforce changes in preparation for full technology deployment. DHS concurred with the recommendations.