	The Immigration Court Backlog Grew and EOIR Has Faced Long-Standing Management Challenges

		The Immigration Courts’ Caseload and Case Backlog Grew As Immigration Courts Completed Fewer Cases

We reported in June 2017 that our analysis of EOIR’s annual immigration  court system caseload—the number of open cases before the court  during a single fiscal year—showed that it grew 44 percent from fiscal  years 2006 through 2015 due to an increase in the case backlog, while  case receipts remained steady and the immigration courts completed  fewer cases. In particular, we identified  challenges related to EOIR’s workforce planning, hiring, and technology  utilization, among other things. We recommended actions to improve  EOIR’s management in these areas. EOIR generally concurred and has  initiated actions to address our recommendations. However, EOIR needs  to take additional steps to fully implement our recommendations to help  strengthen the agency’s management and reduce the case backlog. We recommended that EOIR  develop and implement a strategic workforce plan that addresses key  principles of strategic workforce planning. Additionally, in our June 2017 report, we found that EOIR did not  have efficient practices for hiring new immigration judges, which has  contributed to immigration judges being staffed below authorized levels  and to staffing shortfalls. Specifically, we found that from February  2014 through August 2016, EOIR took an average of 647 days to hire an  immigration judge—more than 21 months. However, EOIR remained below its fiscal year  2017 authorized level of 384 immigration judges based on funding  provided in fiscal years 2016 and 2017. Hiring additional judges is a positive step; however, EOIR has not  assessed its hiring process to identify opportunities for efficiency, and we  found in our June 2017 report that EOIR was not aware of the factors  most affecting its hiring process. By assessing its hiring  process, EOIR could better ensure that it is accurately and completely  identifying opportunities for efficiency. To fully address our  recommendation, EOIR will need to continue to improve its hiring process  by (1) assessing the prior hiring process to identify opportunities for  efficiency; (2) developing a hiring strategy targeting short- and long-term  human capital needs; and (3) implementing corrective actions in response  to the results of its assessment of the hiring process. EOIR officials told us in February 2018 that the board convened in  October 2017 and January 2018 to discuss, among other things, the  ECAS program. ATD Participation Increased and Costs Less than Detention; ICE Established Program Performance Measures Participation in the ATD Program Increased and Average Daily Cost of the Program Was Lower than the Average Daily Cost of Detention

In November 2014 we reported that the number of foreign nationals who  participated in the ATD program increased from 32,065 in fiscal year  2011 to 40,864 in fiscal year 2013 in part because of increases in either  enrollments or the average length of time foreign nationals spent in one of  the program’s components. We also found in our November 2014 report that the average daily cost of  the ATD program was $10.55 in fiscal year 2013, while the average daily  cost of detention was $158. ICE Established ATD Performance Measures, and Took Actions to Ensure the Measures Monitored All Foreign Nationals Enrolled in the Program

We found in our November 2014 report that ICE established two program  performance measures to assess the ATD program’s effectiveness in (1)  ensuring foreign national compliance with court appearance requirements  and (2) ensuring removals from the United States, but limitations in data  collection hindered ICE’s ability to assess overall program performance. As a result, we recommended  that ICE collect and report data on foreign national compliance with court  appearance requirements for participants in this component of the ATD  program. Key contributors for the previous work on which this  testimony is based are listed in each product.
Why GAO Did This Study

The Department of Justice's EOIR is responsible for conducting immigration court proceedings, appellate reviews, and administrative hearings to fairly, expeditiously, and uniformly administer and interpret U.S. immigration laws. The Department of Homeland Security's ICE manages the U.S. immigration detention system, which houses foreign nationals, including families, whose immigration cases are pending or who have been ordered removed from the country. ICE implemented the ATD program in 2004 to be a cost-effective alternative to detention that uses case management and electronic monitoring.
This statement addresses (1) EOIR's caseload, including the backlog, and how EOIR manages immigration court operations, including hiring, workforce planning, and technology use; and (2) participation in and the cost of the ATD program and the extent to which ICE has measured the performance of the ATD program. This statement is based on two reports and a testimony GAO issued from November 2014 through April 2018, as well as actions agencies have taken, as of September 2018, to address resulting recommendations. For the previous reports and testimony, GAO analyzed EOIR and ICE data, reviewed documentation, and interviewed officials.

What GAO Found

In June 2017, GAO reported that the Executive Office for Immigration Review's (EOIR) immigration court case backlog—cases pending from previous years still open at the start of a new fiscal year—more than doubled from fiscal years 2006 through 2015 (see figure), primarily due to declining cases completed per year.
GAO also reported in June 2017 that EOIR could take several actions to address management challenges related to hiring, workforce planning, and technology utilization, among other things. For example, EOIR did not have efficient practices for hiring immigration judges. EOIR data showed that on average from February 2014 through August 2016, EOIR took more than 21 months to hire a judge. GAO also found that EOIR was not aware of the factors most affecting the length of its hiring process. GAO recommended that EOIR assess its hiring process to identify efficiency opportunities. As of January 2018, EOIR had made progress in increasing its number of judges but remained below its fiscal year 2017 authorized level. To better ensure that it accurately and completely identifies opportunities for efficiency, EOIR needs to assess its hiring process.
In November 2014, GAO reported that the number of aliens who participated in U.S. Immigration and Customs Enforcement's (ICE) Alternatives to Detention (ATD) program increased from 32,065 in fiscal year 2011 to 40,864 in fiscal year 2013. GAO also found that the average daily cost of the program—$10.55—was significantly less than the average daily cost of detention—$158—in fiscal year 2013. Additionally, ICE established two performance measures to assess the ATD program's effectiveness, but limitations in data collection hindered ICE's ability to assess program performance. GAO recommended that ICE collect and report on additional court appearance data to improve ATD program performance assessment, and ICE implemented the recommendation.

What GAO Recommends

GAO previously made recommendations to EOIR to improve its hiring process, among other things, and to ICE to improve ATD performance assessment. EOIR and ICE generally agreed and implemented or reported actions planned to address the recommendations.