Immigration Detention: Actions Needed to Collect Consistent Information for Segregated Housing Oversight
Fast Facts
U.S. Immigration and Customs Enforcement can, under certain circumstances, place detained noncitizens in segregated housing—one to two person cells separate from the general population. There were 14,581 such placements from FYs 2017-2021.
ICE oversees segregated housing, and also monitors placements involving vulnerable persons—e.g., those with medical or mental health conditions. But it relies on reports and data that don't always have enough detail about the circumstances leading to a placement, or indicate that a placed person is vulnerable.
As a result, ICE can't adequately oversee segregated housing. Our recommendations address this.
Example of a Segregated Housing Cell in an ICE Facility
Highlights
What GAO Found
U.S. Immigration and Customs Enforcement (ICE) detention facilities can, under certain circumstances, place detained noncitizens in segregated housing—one or two-person cells separate from the general population—for up to 24 hours per day. ICE has policies and processes for managing and overseeing detention facilities' use of segregated housing, but information used for oversight is inconsistent. ICE requires field offices to provide headquarters documentation with explanations of segregated housing placements. However, this supporting documentation does not always contain sufficient detail explaining the circumstances leading to placements. Further, although ICE requires field offices to report any placement involving an individual identified as vulnerable—such as those with medical or mental health conditions—segregated housing data did not always identify vulnerable detained noncitizens. Issuing specific guidance on the documentation needed to support segregated housing placements and identifying all vulnerable population placements would help ICE oversee these placements. In particular, these actions could help ICE ensure the appropriateness of placements and proper care for vulnerable noncitizens.
GAO's analysis of segregated housing placement data indicates that ICE made 14,581 segregated housing placements from fiscal years 2017 through 2021. About 40 percent of these placements were for disciplinary reasons, such as drug possession, and about 60 percent were for administrative reasons, such as protective custody or medical reasons. Available data also indicated that ICE placed individuals belonging to vulnerable populations in segregated housing from fiscal years 2017 through 2021 for various reasons and durations.
U.S. Immigration and Customs Enforcement (ICE) Detention Facility Segregated Housing Unit and Cell
Overall, segregated housing-related complaints to ICE increased from 2017 through 2019, before decreasing from 2020 to 2021. However, ICE does not conduct ongoing analyses of segregated housing-related complaints from various ICE offices or require its field offices to record resolutions of those complaints. In 2020, GAO recommended that ICE conduct comprehensive and ongoing analyses of detention-related complaints and require its field offices to record any actions taken on, and resolutions of these complaints. ICE concurred and is taking some steps to address them. Implementing the recommendations would include such analyses of segregated housing-related complaints.
Why GAO Did This Study
ICE is the lead agency responsible for providing safe, secure, and humane confinement for detained noncitizens in the U.S. Individuals in segregated housing have limited access to facility amenities, and detention facilities are required to provide ongoing medical and mental health care and reviews to those in segregated housing.
GAO was asked to review ICE's management and oversight of segregated housing. This report addresses (1) ICE's processes for and oversight of segregated housing and ICE's collection of information on segregated housing placements; (2) the number and characteristics of segregated housing placements from fiscal years 2017 through 2021; and (3) the extent to which ICE receives and addresses segregated housing complaints.
GAO reviewed policies and documents on segregated housing; interviewed officials at 12 ICE detention facilities and four ICE field offices; and analyzed segregated housing data and segregated housing complaint data from fiscal years 2017 through 2021.
Recommendations
GAO recommends that ICE (1) provide specific guidance to ERO field offices for segregated housing documentation, and (2) identify all known detained noncitizens in vulnerable populations as defined in segregated housing policy. DHS concurred with the recommendations.
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| United States Immigration and Customs Enforcement | The Director of ICE should provide specific guidance to ERO field offices on the level of detail needed in the documentation supporting segregated housing placements. (Recommendation 1) |
In October 2022, we reported on U.S. Immigration and Customs Enforcement's (ICE) placement of detained noncitizens in segregated housing. We found that ICE documentation did not include consistent detail explaining incidents and circumstances leading to segregated housing placements. Specifically, ICE Enforcement and Removal Operations (ERO) had not provided field offices with detailed guidance outlining what to include in this documentation. As a result, we recommended that the Director of ICE provide specific guidance to ERO field offices on the level of detail needed to document segregated housing placements. In December 2024, ICE issued a policy on the Review of the Use of Special Management Units (SMUs) for ICE Detainees. This policy is intended to complement the requirements of ICE's 2013 directive on the Use of Segregation for ICE Detainees, as well as ICE detention standards, and establishes guidance and procedures for ERO's review of noncitizens placed into SMUs for the purposes of administrative or disciplinary segregation. Among other things, the policy states that the field SMU Program Manager must obtain and document in the Segregation Review Management System (SRMS) appropriate segregation orders, investigative reports, and hearing documents. ICE Field Office Directors (FODs) are responsible for ensuring SMU-related documentation is collected, complete with sufficient detail (e.g., why the placement or continued placement is necessary and reasonable, any identified special vulnerabilities, what alternative housing options were considered, etc.), and entered in SRMS. The policy also states that ERO Headquarters Segregation Review Coordinators shall evaluate SMU placements in SRMS or its successor system for completeness and compliance with this policy and applicable ICE detention standards. The coordinators are to notify the Field SMU Program Manager or other responsible party when an SMU placement is not documented in SRMS, or insufficient details are provided regarding the placement and recommend appropriate corrective action(s). Issuing specific guidance on the level of detail needed to document segregated housing placements and establishing oversight roles for such information will better position ICE to determine whether SMU placements were appropriate.
|
| United States Immigration and Customs Enforcement | The Director of ICE should identify in the agency's data system for segregated housing placements all known detained noncitizens ICE considers vulnerable in its segregated housing policy. (Recommendation 2) |
In October 2022, we reported on U.S. Immigration and Customs Enforcement's (ICE) placement of detained noncitizens in segregated housing. We found that ICE's segregated housing data within its Segregation Review Management System (SRMS) did not identify all detained noncitizens from vulnerable populations, such as individuals with mental health conditions or who identify as Lesbian, Gay, Bisexual, Transgender, or Intersex. Specifically, ICE maintains information in disparate "data trackers" on all known members of various vulnerable populations in ICE custody, but information from these trackers is not always entered into the detention data housed in SRMS. As a result, we recommended that ICE identify in its data system for segregated housing placements all known detained noncitizens ICE considers vulnerable. ICE concurred with this recommendation. In April 2023, ICE reported that the agency is migrating disparate data systems onto a shared platform to improve its overall data quality and reporting capabilities and noted that SRMS would be included in this migration. According to ICE, SRMS was updated at the end of March 2024. Based on ICE documentation, upon creation of an SRMS case, the user is required to indicate if "special criteria" exists for the individual being placed in segregated housing. If "yes" is selected, the "special vulnerability" field is displayed and required for the user to select one or multiple special vulnerability options. The special vulnerability fields indicate, for example, whether an individual has an identified disability, identifies as LGBTQI+, is over age 65, or has a serious mental illness. Identifying all vulnerable population placements will better position ICE to accurately identify issues or trends in segregated housing placements and ensure the appropriateness of placements involving individuals from vulnerable populations.
|