Alternatives to Detention: ICE Needs to Better Assess Program Performance and Improve Contract Oversight
Fast Facts
Some people who are waiting for resolution of their immigration court cases can be enrolled in Immigration and Customs Enforcement's Alternatives to Detention program.
The program offers ICE options for monitoring people (e.g., GPS or home visits) to help ensure compliance with release requirements, such as appearing in court. Since 2015, program enrollments have more than doubled to over 100,000 in 2020.
ICE uses a $2.2 billion contract to administer the Alternatives to Detention program, but doesn't fully assess how the program is working or ensure that the contractor meets standards. Our recommendations could help ICE address these issues.
Enrollments in the Alternatives to Detention program more than doubled between 2015 and 2020
Highlights
What GAO Found
U.S. Immigration and Customs Enforcement (ICE) uses the Alternatives to Detention (ATD) program as one way to monitor individuals it releases into the community. GAO's analysis of ICE contractor data found that the number of individuals enrolled in the ATD program more than doubled from approximately 53,000 in 2015 to 111,000 in 2020. See figure. During this period, ICE unenrolled most participants before their immigration proceedings concluded. ICE placed about half of unenrolled participants on monitoring outside of the ATD program and about a quarter absconded (i.e. fled their address and could not be located).
Number of Participants Enrolled and Unenrolled in the Alternatives to Detention Program, 2015-2020
ICE collects data on the ATD program, such as whether participants attend their scheduled court hearings. ICE also developed a performance goal for fiscal year 2022, but ICE does not assess program performance for all core program activities and outcomes, such as referrals for community services. Establishing such goals would position ICE to assess the extent to which the program is achieving intended results and identify any needed improvements. In addition, ICE has not completely presented information on participants who abscond from the ATD program. For example, ICE does not include all relevant participants when calculating absconsion rates. By doing so, ICE could more completely demonstrate program performance related to absconsions and help ensure policymakers have the context needed to appropriately use the information.
ICE conducts some oversight of the contractor that helps implement the ATD program nationwide. For example, ICE conducts weekly audits intended to ensure that ATD participants receive the assigned level of supervision and services. However, ICE does not fully assess the contractor against the standards for performance established in the contract, nor follow-up and document whether the contractor resolves issues it identifies. Taking steps to improve contract oversight would help ICE ensure that the contractor is achieving outcomes as identified in the contract and provide reasonable assurance that the contractor is correcting identified issues.
Why GAO Did This Study
ICE has wide discretion to detain or release individuals of foreign nationality awaiting resolution of their immigration court proceedings, except for individuals subject to mandatory detention. The ATD program, which ICE administers through a $2.2 billion contract, uses electronic monitoring and case management to help ensure that individuals enrolled comply with release conditions, such as appearing at immigration court hearings. The explanatory statement accompanying the Consolidated Appropriations Act, 2020 includes a provision for GAO to review the ATD program.
This report examines, among other objectives, (1) what data show about participation in the ATD program, (2) the extent to which ICE has assessed ATD performance, and (3) how ICE manages and oversees the ATD contractor. GAO analyzed ICE contractor data from November 2014 through 2020; and reviewed ATD policies, performance reports, and contract documents. GAO also interviewed ICE and contractor officials from headquarters and the field.
Recommendations
GAO is making 10 recommendations, including that ICE establish performance goals that cover core program activities, improve external reporting of absconsion information, collect information needed to assess the contractor's performance against standards, and ensure the contractor addresses all audit findings. DHS concurred with the recommendations.
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| United States Immigration and Customs Enforcement | The Director of ICE should develop a mechanism for ERO to record the completion of ATD supervision reviews. (Recommendation 1) |
ICE concurred with our recommendation and stated that it planned to conduct data analysis on all ATD cases to identify how many cases were reviewed and how many cases still needed supervisory review. ICE planned to spot check the cases that still needed review, and determine what additional actions were needed to ensure all supervisory reviews were completed as required. In December 2022, ICE stated it was continuing with the data analysis to help determine the most appropriate mechanism needed for recording ATD supervision reviews. In March 2024, ICE reported that the agency was working to develop new standards for the ATD program, including requirements for supervision reviews. ICE aims to finalize the standards by December 2024, after which ERO is to implement them. To fully address the intent of our recommendation, ERO's implementation of the new ATD standards should include a mechanism to record the completion of supervision reviews. We will continue to monitor ICE's efforts.
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| United States Immigration and Customs Enforcement | The Director of ICE should regularly monitor the information on ATD supervision reviews to ensure that the reviews occur according to policy. (Recommendation 2) |
ICE concurred with our recommendation and stated it planned to consider changes to the ATD program based on operational needs. In December 2022, ICE stated it was continuing to assess the ATD program and consider updates to policy and guidance to determine the appropriate frequency needed for ATD supervisory reviews. In March 2024, ICE reported that the agency was working to develop new standards for the ATD program, including requirements for supervision reviews. ICE aims to finalize the standards by December 2024, after which ERO is to implement them and ensure program compliance within a year. To fully address the intent of our recommendation, ERO's efforts to ensure compliance with the new standards should include regularly monitoring recorded ATD supervisory reviews to determine whether they are taking place according to policy. We will continue to monitor ICE's efforts.
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| United States Immigration and Customs Enforcement | The Director of ICE should establish performance goals with measurable targets for the ATD program that cover core program activities and participant outcomes. (Recommendation 3) |
ICE concurred with our recommendation and stated it would explore performance goals to measure program success and core program activities, such as how often participants are referred to services, the frequency of court tracking assignment, and the subsequent rate of court appearances. In December 2022, ICE stated it was continuing to review the ATD program to identify potential performance goals. In March 2024, ICE reported that the agency was working to develop new standards for the ATD program, which ICE aims to finalize by December 2024. To fully meet the intent of our recommendation, ICE should finish establishing performance goals that cover core program activities. ICE should also establish performance goals that take into account the final outcomes of ATD participants after ICE unenrolls them and places them on other conditions of release. We will continue to monitor ICE's efforts.
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| United States Immigration and Customs Enforcement | The Director of ICE should include information on absconsions relative to the population of both active and unenrolled participants when externally reporting absconsion information for the ATD program. (Recommendation 4) |
ICE concurred with our recommendation and stated it was in the process of aligning its absconsion methodology for the program to report on absconsions relative to both active and unenrolled ATD participants. ICE stated that, as of November 2022, it had finished this alignment and the agency planned to publish the revised methodology on public-facing websites. If ICE also uses its revised methodology for absconsion information it reports to Congress, when completed, these actions would satisfy the intent of our recommendation. In March 2024, ICE reported that it was working to provide GAO with documentation of its updated absconsion methodology. We will continue to monitor ICE's efforts.
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| United States Immigration and Customs Enforcement | The Director of ICE should consistently explain ICE's methodology for calculating absconsion statistics when externally reporting absconsion information for the ATD program. (Recommendation 5) |
ICE concurred with our recommendation and, as of December 2022, stated it was internally coordinating the publishing of the revised methodology on public-facing websites. Prior to publication, ICE plans to disseminate guidance on the change in methodology to internal and external stakeholders. If ICE also explains its methodology for calculating absconsion statistics in information it provides to Congress, when completed, these actions would satisfy the intent of our recommendation. In March 2024, ICE reported that it was working to provide GAO with documentation of its efforts to address this recommendation. We will continue to monitor ICE's efforts.
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| United States Immigration and Customs Enforcement | The Director of ICE should ensure that its oversight activities collect the information needed to assess all performance standards in the contract. (Recommendation 6) |
ICE concurred with our recommendation and stated it would assess the data it currently collects to identify additional performance measures to enhance program oversight. As of December 2022, ICE stated it was continuing to assess the data collected for the ATD program to identify additional performance measures with an estimated completion date of May 31, 2023. While this is a positive step, to fully address the intent of our recommendation, ICE must collect the information needed to measure the ATD contractor's performance against all 17 standards described in the program contract. As of May 2024, ICE officials said the agency's efforts to address this recommendation are ongoing. We will continue to monitor ICE's efforts.
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| United States Immigration and Customs Enforcement | The Director of ICE should ensure the results of its oversight activities are recorded in a manner that allows for analysis of the contractor's overall performance against each standard. (Recommendation 7) |
ICE concurred with our recommendation and stated it would assess its contract oversight activities to improve its methodology, including collecting and recording information on the root cause for errors and the corrective action taken, if applicable. As of December 2022, ICE stated it was continuing to assess its contract oversight activities to ensure the results are recorded in a manner to allow for analysis of the contractor's performance against the standards outlined in the contract. ICE estimated completing these actions by May 31, 2023. To fully meet the intent of our recommendation, once ICE finishes its assessments, it should demonstrate that it has implemented a methodology for recording the results of its oversight activities that enables analysis of the contractor's performance against each standard. As of May 2024, ICE officials said the agency's efforts to address this recommendation are ongoing. We will continue to monitor ICE's efforts.
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| United States Immigration and Customs Enforcement | Once ICE collects the information needed to assess all performance standards and records the results in a manner that allows for analysis, the Director of ICE should use the oversight findings to assess whether the contractor is meeting the acceptable quality levels for all performance standards and document the results. (Recommendation 8) |
ICE concurred with our recommendation and stated once it completes the analysis of its contract oversight activities, the agency will be able to determine and document whether the contractor is meeting the performance standards outlined in the contract. As of December 2022, ICE stated it was continuing to analyze its contract oversight activities, and planned to leverage the findings from the assessment to determine whether the contractor is meeting performance standards specified in the contract. ICE estimated completing these actions by August 31, 2023. If ICE's planned actions enable it to use its oversight findings to assess the contractor's performance against each standard and ICE documents the results, they would meet the intent of our recommendation. As of May 2024, ICE officials said the agency's efforts to address this recommendation are ongoing. We will continue to monitor ICE's efforts.
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| United States Immigration and Customs Enforcement | The Director of ICE should take steps to ensure that the ATD program contractor addresses findings identified through case file audits and that ICE documents their resolution. (Recommendation 9) |
ICE concurred with our recommendation and stated it plans to enhance the current process for reviewing contractor performance by following-up with the contractor and documenting the actions the contractor takes to address audit findings. As of December 2022, ICE stated it is continuing to assess its current process for reviewing contractor performance and estimates a completion date of August 31, 2023. If implemented, ICE's planned actions would meet the intent of our recommendation. As of May 2024, ICE officials said the agency's efforts to address this recommendation are ongoing. We will continue to monitor ICE's efforts.
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| United States Immigration and Customs Enforcement | The Director of ICE should monitor whether the ATD contractor is providing participants with access to legal orientation presentations as required by the contract. (Recommendation 10) |
ICE concurred with our recommendation and stated it would take steps to ensure the contractor is collecting the information needed to verify that all new ATD program participants receive the legal orientation presentation required in the contract. In December 2022, ICE stated it was continuing to work with the contractor to collect the data needed to ensure all new ATD participants are provided access to the legal orientation presentation. In March 2024, ICE reported that it had obtained these data. Specifically, the contractor provided ICE with data for the prior month that indicated (1) whether and when the participant had been provided access to the presentation, and (2) whether they viewed it. ICE also reported that going forward the contractor would provide similar reports to ICE monthly for monitoring purposes. In June 2024, ICE provided documentation showing the agency regularly receives and reviews the monthly reports. Monitoring whether the ATD contractor is providing participants with access to legal orientation presentations should help provide ICE with reasonable assurance that the contractor is offering the presentations consistent with the contract. As a result, we consider this recommendation implemented.
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