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Open Recommendations (49 total)

Immigration Detention: ICE Needs to Strengthen Oversight of Informed Consent for Medical Care

GAO-23-105196
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1 Open Recommendations
Agency Affected Recommendation Status
United States Immigration and Customs Enforcement Once ICE establishes and communicates policies and requirements for all detention facilities to collect informed consent documentation for medical care from community providers, the Director of ICE should require that oversight mechanisms include a review of this documentation as part of the agency's oversight of detention facilities. (Recommendation 3)
Open – Partially Addressed
ICE concurred with this recommendation and stated that once the update to Directive 02-07, "Treatment Consent and Refusal," is complete, IHSC will incorporate the requirement to review informed consent documentation in the Quality Review Program (QRP) audit tool that will be used by IHSC during all detention facility site visits. The QRP will review this documentation as part of its oversight mechanism to ensure compliance with the updated IHSC Directive 02-07. In April 2023, ICE officials reported they continue to work on incorporating the requirement of reviewing informed consent documentation into its QRP audit tool. Once completed, ICE intends to use the QRP audit tool during all detention facility site visits by IHSC as an oversight mechanism. As we noted in our report, IHSC Directive 02-07 applies to IHSC-staffed facilities, but not non-IHSC-staffed facilities. As of March 2024, ICE provided an example of the QRP tool and stated it is being tested in both IHSC and non-IHSC-staffed facilities. However, it is unclear whether the QRP tool includes checks for all types of informed consent for off-site medical procedures, especially for invasive procedures. We will continue to monitor ICE's efforts to establish these requirements for both types of detention facilities (IHSC- and non-IHSC-staffed facilities).

Confidential Informants: Updates to Policy and Additional Guidance Would Improve Oversight by DOJ and DHS Agencies

GAO-15-807
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1 Open Recommendations
Agency Affected Recommendation Status
United States Immigration and Customs Enforcement To help ensure that agencies' policies and oversight are fully consistent with The Attorney General's Guidelines Regarding the Use of Confidential Informants, the Assistant Secretary of ICE and the Commandant of USCG should update their respective agencies' informant policies and corresponding monitoring processes to explicitly address the Guidelines' provisions on oversight of informants' illegal activities.
Open – Partially Addressed
In December 2016, ICE issued a memo regarding changes to its policies for the registration and suitability of confidential informants. The memo included updated forms to oversee those aspects of confidential informant oversight. In April 2017, ICE officials informed GAO that the agency planned for a working group to update the Informants Handbook and the Undercover Operations Handbook. As of October 2018, ICE reported that officials had made draft updates to the handbooks and that these updates were undergoing review. In June 2019, ICE reported that the updates were expected to be finalized in July 2019. The handbook updates had not been finalized as of February 2020, and, at that time, ICE officials reported that the handbooks were undergoing additional updates related to a separate effort unrelated to GAO's recommendation. As of September 22, 2023, ICE officials have not provided a more recent update regarding actions to address this recommendations, including an an estimated completion date for finalizing revisions to the handbooks. When the updated handbooks are available for GAO's review, we will assess the extent to which they address our recommendation.

Immigration Detention: Actions Needed to Improve Planning, Documentation, and Oversight of Detention Facility Contracts

GAO-21-149
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1 Open Recommendations
Agency Affected Recommendation Status
United States Immigration and Customs Enforcement The Director of ICE should ensure that ERO consistently uses a process that includes input from relevant stakeholders and documentation of the basis for decisions made before entering into contracts or agreements for new or expanded detention space. (Recommendation 1)
Open – Partially Addressed
ICE reported in August 2021 that it had established a new process for approving detention procurement actions. In April 2022, ICE provided guidance for the new process, which requires ERO field offices to submit documentation justifying and requesting additional detention space to the ICE Office of Immigration Program Evaluation, Detention Planning and Acquisition Unit, and Assistant Director for Custody Management for review and approval. If the request is approved, the field office then submits the request and other procurement documentation to the Office of Acquisition Management for implementation. ICE reported that it has sent broadcast emails about the new process and trained field office personnel on using it. These are positive steps that should help ensure that ICE obtains input from relevant stakeholders and documents the basis of decisions before entering into contracts or agreements for new or expanded detention space. To fully address this recommendation, ICE needs to provide documentation demonstrating that it is using the new process in practice. As of February 2024, we are working with ICE to update the status of this recommendation.

Immigration Detention: ICE Should Enhance Its Use of Facility Oversight Data and Management of Detainee Complaints

GAO-20-596
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1 Open Recommendations
Agency Affected Recommendation Status
United States Immigration and Customs Enforcement The Director of ICE should ensure that all Operational Review Self-Assessment results and corrective actions are recorded in a format that is conducive to tracking and analysis. (Recommendation 4)
Open – Partially Addressed
DHS concurred with this recommendation and in June 2021 reported that ICE's Custody Management is working to automate entry of Operational Review Self-Assessment data into the Facility Performance Management System. As of May 2022, ICE reported that Custody Management had developed coded documents necessary for the automation for field offices to complete during their self-assessments. As of April 2023, ICE reported that the agency was in the process of implementing a new data system in which it will maintain data on Operational Review Self-Assessment results and corrective actions. ICE noted that the new system is intended to provide enhanced analysis capabilities. ICE anticipates that it will finish uploading self-assessment results data into the new system in a format that is conducive to analysis around the end of calendar year 2024.

Immigration Detention: ICE Needs to Strengthen Oversight of Informed Consent for Medical Care

GAO-23-105196
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1 Open Recommendations
Agency Affected Recommendation Status
United States Immigration and Customs Enforcement The Director of ICE should require non-IHSC-staffed detention facilities to collect informed consent documentation for medical care from community providers. (Recommendation 2)
Open – Partially Addressed
ICE concurred with this recommendation and stated the agency would: (1) review its detention standards, policies, procedures, and processes concerning informed consent for medical care from community providers for non-IHSC staffed facilities to assess the impact to its operations; and (2) identify a solution to ensure the collection of this information and provide assurance that noncitizens in ICE custody continue to receive the necessary medical care from community providers, as appropriate. In April 2023, ICE officials reported that they continue to review their detention standards, policies, procedures, and processes concerning informed consent for medical care from community providers for non-IHSC staffed facilities and will update them accordingly. In March 2024, ICE provided updated documents that it shares with community medical care providers that direct the providers to collect informed consent and provide that informed consent documentation to ICE. However, ICE did not provide documentation showing that it requires non-IHSC facilities to collect this consent documentation from community medical providers. We will continue to monitor ICE's efforts to establish these requirements.

Immigration Detention: ICE Should Enhance Its Use of Facility Oversight Data and Management of Detainee Complaints

GAO-20-596
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1 Open Recommendations
Agency Affected Recommendation Status
United States Immigration and Customs Enforcement The Director of ICE should direct Custody Management to regularly conduct analyses of contracted facility inspections oversight data over time, within and across facilities and regions, and in a manner to enable trends in inspection deficiencies to be identified and addressed. (Recommendation 1)
Open – Partially Addressed
DHS concurred with this recommendation. ICE reported that, as of June 2022, ICE management was reviewing a proposed monthly trend analysis report Custody Management had developed in response to this recommendation. As of April 2023, ICE officials reported that the agency had shifted its approach and plans to finish implementing a new data system before it begins to conduct regular analyses of contracted facility inspections oversight data. The new data system will provide enhanced analytical capabilities. ICE officials anticipate that they will be able to start analyzing data using the new system around the end of calendar year 2024. To meet the intent of our recommendation, these analyses should examine oversight data over time, within and across facilities and regions, in order to identify trends and develop recommendations for resolving repeated deficiencies.

Student and Exchange Visitor Program: DHS Can Take Additional Steps to Manage Fraud Risks Related to School Recertification and Program Oversight

GAO-19-297
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1 Open Recommendations
Agency Affected Recommendation Status
United States Immigration and Customs Enforcement The Director of ICE should implement mandatory DSO training and verify that the training is completed. (Recommendation 6)
Open
In May 2023, ICE officials stated that SEVP was making progress working with a contract vendor to update its training modules for DSOs. The officials stated that they were developing a comprehensive course list and anticipated completing the first course bundle in late 2023 with all modules being completed by the end of 2024. After completion, the courses will be made mandatory to help support U.S. National Security. We will continue to monitor actions the agency has taken in response to this recommendation.

Immigration Detention: Actions Needed to Improve Planning, Documentation, and Oversight of Detention Facility Contracts

GAO-21-149
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1 Open Recommendations
Agency Affected Recommendation Status
United States Immigration and Customs Enforcement The Director of ICE should document and implement a strategic approach for using guaranteed minimums in detention contracts and agreements that supports ICE's strategic plans, goals, and priorities. (Recommendation 2)
Open
In August 2021, ICE reported reviewing 52 detention facility contracts and agreements with guaranteed minimums. The results of this assessment indicated that the majority of these contracts and agreements have a tiered bed rate structure, meaning ICE obtains cost savings if certain capacity thresholds are reached. ICE reported that it plans to continue to evaluate its existing contracts and agreements to ensure its overall strategy for using guaranteed minimums is reflected in its current detention contracts and agreements. In July 2022, ICE provided guidance it established to help field offices make use of the least expensive bed space. The guidance is also intended to help ICE headquarters oversee field offices' use of low cost bed space and bed space at facilities with guaranteed minimums. ICE reported that it will produce monthly reports comparing detention per diem rates and guaranteed minimum payment levels (where applicable) to actual facility usage costs and hypothetically optimized usage costs. In other words, ICE plans to compare what facilities are actually spending to what they could be spending if they used all of their guaranteed space and took full advantage of all tiered rate structures where ICE pays less when a facility meets certain minimum numbers of detained individuals. To fully meet the intent of our recommendation, ICE will need to demonstrate how these efforts comprise a strategic approach to using guaranteed minimum when entering into contracts and agreements (not just for those where guaranteed minimums are already in use). As of February 2024, we are working with ICE to update the status of this recommendation.

Financial Management: Additional Steps Needed to Improve ICE's Budget Projections and Execution

GAO-24-106550
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1 Open Recommendations
Agency Affected Recommendation Status
United States Immigration and Customs Enforcement The Director of ICE should clarify ICE's policies and guidance on spend plan updates to specify under what conditions program office spend plans should be updated. (Recommendation 4)
Open
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Alternatives to Detention: ICE Needs to Better Assess Program Performance and Improve Contract Oversight

GAO-22-104529
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1 Open Recommendations
Agency Affected Recommendation Status
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)
Open
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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