Field Visits at 23 Detention Facilities Showed Systemic Telephone Access Problems and Instances of Noncompliance with Other Standards

Our field observations at 23 alien detention facilities showed systemic  telephone system problems at 16 of 17 facilities that use the pro bono  telephone system, but no pattern of noncompliance for other standards we  reviewed. These instances of  noncompliance varied across facilities that we visited, and unlike the  telephone system problems, did not appear to show a persistent pattern of  noncompliance. Over this period, the rate of successful connections was  never above 74 percent. ICE officials stated that approximately 200 facilities currently use the PCS  pro bono telephone system. The standards we  reviewed included medical care, hold rooms, use of force, food service,  recreation, access to legal materials, and detainee grievance procedures. Specifically,  ICE’s Detention Inspection Worksheet used by reviewers does not require  that a reviewer check that detainees are able to make successful  connections through the pro bono telephone system. The primary mechanism for detainees to file external complaints  is directly with the OIG, either in writing or by phone using the OIG  complaint hotline. Of the approximately 1,700 detainee complaints in the OIG database that  were filed in fiscal years 2003 through 2006, OIG investigated 173 and  referred the others to other DHS components as displayed in figure 11. Conclusions

While ICE annual inspection reviews of detention facilities noted various  deficiencies in compliance with ICE’s standards, insufficient internal  controls and weaknesses in ICE’s compliance review process resulted in  ICE’s failure to identify telephone system problems that we found to be  pervasive at most of the detention facilities we visited. ICE confirmed that the contractor did not comply with the terms and  conditions of the contract and in June 2007 requested that the OIG review  the extent of noncompliance with the terms and conditions of the  contract. Recommendations for Executive Action

To ensure that detainees can make telephone calls to access legal services,  report complaints, and obtain assistance from their respective consulates,  as specified in ICE National Detention Standards and that all detainee  complaints are reviewed and acted upon as necessary, we recommend that  the Secretary of Homeland Security direct the Assistant Secretary for U.S.  Immigration and Customs Enforcement to take the following actions:    Amend the DRO compliance inspection process relating to the detainee  telephone access standard to include:    measures to ensure that facility and/or ICE staff frequently test to  confirm that the ICE pro bono telephone system is functioning  properly;  revisions to ICE’s compliance review worksheet to require ICE  reviewers, while conducting annual reviews of the telephone access  standard at detention facilities, to test the detainee pro bono  telephone system by attempting to connect calls and record any  automated voice messages as to why the call is not being put  through.
Why GAO Did This Study

The total number of aliens detained per year by the Department of Homeland Security's (DHS) U.S. Immigration and Customs Enforcement (ICE) increased from about 95,000 in fiscal year 2001 to 283,000 in 2006. The care and treatment of these detained aliens is a significant challenge to ICE. GAO was asked to review ICE's implementation of its detention standards for aliens in its custody. GAO reviewed (1) detention facilities' compliance with ICE's detention standards, (2) ICE's compliance review process, and (3) how detainee complaints regarding conditions of confinement are handled. To conduct its work, GAO reviewed DHS documents, interviewed program officials, and visited 23 detention facilities of varying size, type, and geographic location.

What GAO Found

GAO's observations at 23 alien detention facilities showed systemic telephone system problems at 16 of 17 facilities that use the pro bono telephone system, but no pattern of noncompliance for other standards GAO reviewed. At facilities that use the ICE detainee pro bono telephone system, GAO encountered significant problems in making connections to consulates, pro bono legal providers, or the DHS Office of the Inspector General (OIG) complaint hotline. Monthly performance data provided by the phone system contractor indicates the rate of successful connections through the detainee pro bono telephone system was never above 74 percent. ICE officials stated there was little oversight of the telephone contract. In June 2007, ICE requested an OIG audit of the contract,stating that the contractor did not comply with the terms and conditions of the contract. Other instances of deficiencies GAO observed varied across facilities visited but did not appear to show a pattern of noncompliance. These deficiencies involved medical care, use of hold rooms, use of force, food service, recreational opportunities, access to legal materials, facility grievance procedures, and overcrowding. ICE annual compliance reviews of detention facilities identified deficiencies similar to those found by GAO. However, insufficient internal controls and weaknesses in ICE's compliance review process resulted in ICE's failure to identify telephone system problems at most facilities GAO visited. ICE's inspection worksheet used by its detention facility reviewers did not require that a reviewer confirm that detainees are able to make successful connections through the detainee pro bono telephone system. Detainee complaints may be filed with several governmental and nongovernmental organizations. Detainee complaints mostly involved legal access, conditions of confinement, property issues, human and civil rights, medical care, and employee misconduct at the facility. The primary way for detainees to file complaints is to contact the OIG. OIG investigates the most serious complaints and refers the remainder to other DHS components.