Beruflich Dokumente
Kultur Dokumente
Homeland
Security
APR
Preface
The Department of Homeland Security (DHS) Office oflnspector General (OIG) was
established by the Homeland Security Act of 2002 (Public Law 107-296) by amendment
to the Inspector General Act of 1978. This is one of a series of audit, inspection, and
special reports prepared as part of our oversight responsibilities to promote economy,
efficiency, and effectiveness within the department.
This report addresses the strengths and weaknesses of Immigration and Customs
Enforcement detention bedspace management. It is based on interviews with employees
and officials of relevant agencies and institutions, direct observations, and a review of
applicable documents.
The recommendations herein have been developed to the best knowledge available to our
office, and have been discussed in draft with those responsible for implementation. We
trust this repOli will result in more effective, efficient, and economical operations. We
express our appreciation to all of those who contributed to the preparation of this report.
t
~;;f.~
Richard L. Skinner
Inspector General
Table of Contents/Abbreviations
Executive Summary .............................................................................................................1
Background ..........................................................................................................................2
Conclusion ...........................................................................................................................6
Recommendations................................................................................................................6
Appendices
Appendix A: Purpose, Scope and Methodology..........................................................9
Appendix B: Management Comments to the Draft Report .......................................11
Appendix C: FY 2007 ICE SBI-related Contract
Actions in Excess of $20 Million.........................................................15
Appendix D: Major Contributors to this Report........................................................16
Appendix E: Report Distribution ..............................................................................17
Abbreviations
DRO Detention and Removal Operations
ICE Immigration and Customs Enforcement
SBI Secure Border Initiative
USCIS United States Citizenship and Immigration Services
OIG
Department of Homeland Security
Office of Inspector General
Executive Summary
We performed an audit of Immigration and Customs Enforcement
(ICE) detention bedspace management. Our objective was to
determine whether ICE is acquiring detention bedspace in a cost-
effective manner. Appendix A provides details on our audit
purpose, scope, and methodology.
Page 1
Background
ICE is the investigative arm of the department responsible for
enforcing immigration laws. ICE’s Office of Detention and
Removal Operations (DRO) is responsible for removing illegal
aliens and, when appropriate, safely and securely detaining aliens
pending removal. To accomplish this mission, ICE needs a
sufficient number of safe, secure facilities compliant with national
detention standards for the treatment and care of detainees.
Detention bedspace acquisition is the largest single ICE
expenditure, totaling more than $800 million annually. In fiscal
year (FY) 2007, ICE received more than $1.4 billion in funding to
support overall alien detention and removal operations.
Page 2
x Transitioning to the use of larger, strategically located
facilities to better control detention conditions and to lower
costs; and
Results of Audit
Detention Space Management Plan Has Not Been Implemented
Since its publication in March 2007, ICE’s plan for cost-effectively
acquiring detention bedspace has not been implemented.
Enforcing immigration laws, including conducting work site
enforcement, apprehending aliens, and uprooting criminal
infrastructures for human trafficking and fraudulent document
preparation, remains ICE’s priority. Obtaining the most cost-
effective detention bedspace is a secondary activity in support of
its mission.
Page 3
detention facilities and service processing centers was expected to
improve program consistency and conditions of confinement while
also lowering costs.
x For the two months reviewed, the ICE DRO Boston Field
Office made unauthorized payments of $2,400 per month
for meals for 800 detainees in transit away from their
assigned facilities. Detainee meal costs were included in
the intergovernmental service agreement as part of the daily
per diem rate. However, duplicate costs were incurred for
box lunches for the detainees when they were escorted to
various locations for court hearings or medical care.
x For two months, the ICE DRO Boston Field Office paid
$140,837 for 3,889 hours of law enforcement overtime
labor to local law enforcement agencies without calculating
which portion of the time should have been charged at the
normal pay rate. As a result, the Boston Field Office paid
$34,000 in excess overtime charges.
Page 4
Requirements Forecasting and Analysis
ICE has not followed through on its March 2007 plan to develop
systems to improve its detention budget and expenditure data
gathering and analysis capabilities. ICE planned to use the data to
develop forecasting models for predicting future detention
requirements, strengthening capacity planning, and determining the
most cost-effective means of acquiring detainee housing and
transportation services. However, ICE has made no significant
progress in this regard.
Page 5
Conclusion
ICE has not fully implemented its National Detention Management
Plan, resulting in mixed progress in moving toward a more
cost-effective strategy for acquiring detention bedspace. ICE has
continued to rely on intergovernmental service agreements with
local governments to meet immediate needs, as the plan calls for;
however, weak controls resulted in unauthorized charges. ICE
planned to use data to develop forecasting models for predicting
future detention requirements, strengthening capacity planning,
and determining the most cost-effective means of acquiring
detainee housing and transportation services. However, ICE has
made no significant progress in this regard. Without improved
data gathering and analysis capabilities and forecasting models,
ICE may be missing opportunities to control costs.
Recommendations
We recommend that the Acting Assistant Secretary, Immigration
and Customs Enforcement:
Page 6
ICE concurred with recommendation #1. ICE commented that
they will update the National Detention Management Plan to
include:
ICE also commented that DRO will preserve the cycle time
decrease achieved in FY 2008 by focusing on effective alien
removal and the Office of Acquisition Management has embarked
on several initiatives to make the acquisition of bedspace more cost
effective. Other updates to the National Detention Management
Plan are also underway regarding intergovernmental service
agreements and unit cost and price analysis. We consider this
recommendation resolved but open until ICE provides us with
documentation that supports the implementation of the actions
planned.
Page 7
its implementation of the Integrated Decision Support system in
August 2008. DRO’s analysts combine the qualitative information
drawn from monthly capacity planning meetings with the
quantitative information the Integrated Decision Support system
generates, in an effort to make arrest and detention forecasts. Also,
DRO will conduct annual cost data analyses of facility daily rates
and related services. These cost data analyses can then be
incorporated into current bedspace forecasts and evaluation models
to more accurately forecast budget needs and facilitate cost-based
decision making. We consider this recommendation resolved but
open until ICE provides us with documentation that supports the
implementation of the actions taken or planned.
Page 8
Appendix A
Purpose, Scope, and Methodology
Page 9
Appendix A
Purpose, Scope, and Methodology
Page 10
AppendixB
Management Comments to the Draft Report
u.s. Immigration
,i~~ and Customs
~~
'~'''>'~ Enforcement
SUB1ECT: ICE Response Drafi Lener Repon IJlled " ICE Delcnlion Bed
Space MllnJt~cmenL"
U.S. Immigration and Customs Enforcement ( ICt:) provides the followmg response 10 the 5ubjecl
omcc of the Inspector General (DIG) l\.'J)Ort.
OIG Reconllllcnd alioll I : " Update lhe plnn for cost·effecti\·c acquisition bed space to re neel the
agency's cum::nt emphasis on alien removal versus detention,"
IC E RtllllO nSC III R«ommClldafioll I : ICE concurs. ICE will update the Natrona] Detention
Mallagcmcnl Plan to include:
ICE Dctention and Re-moval Opcr3lions will preserve the eycle lime decrease achievC() in FY 2008
by fOCUSing on effecli\'e alien removal Thcdrop In lhe 9VCnlgC stny. from 37 days in FY 2007 10
30_5 days in FY 2008. reduced Ihe need for bed spacc by 17 pen:cnt at an 1."Slimlltcd COSI avoidance
ofo\erS1OOM.
Page 11
Appendix B
Management Comments to the Draft Report
Subject: ICE Response to O IG Dra ft Letter Report titled " ICE Detention Bed S"pace Management"
Page 2
Addi tionally, ICE Office of Acquisition Management has embarked on several initiatives to make
the acquisition orbed space more cost--effective sinee the OIG's investigation. In panicular. ICE
Acquisitions now requires that potential Service Providcn subm it cost data and thcy usc cost
analysis techniques on the data submitted for consideration by me Office o f AC'luisitions when
negotiating day rates on new or existing Intergovernmental Service Agreements. To faci litate
negotiation of fair and reasonable bed day rates. ICE Acquisitions works with the Office of
Detcntion and Removal Operations program office, Contract Officer Technical Representative. and
other ORO field personnel to evaluate the proposed cost o f services. ICE Acquisi tions compares the
proposed bed day rates to those of similarly situated facili ties and com pares with rates negotiated by
other users (both economically and demographics) to detcnn inc a fair Wld reasonable price for
detention bedspace in that location. The Office of Acquisitions and the Office of Detention and
Removal Operations are planning to continue developing additional methods (oj- locating and
acquiring more cost-effective detention bedspace by using com petitive procedures to the maximum
extent possible.
In addition to these initiatives, four other cost-effective acquisition updates to the National Detention
Management Plan are underway. Specifically, ICE plans to:
• The Office of Acquisi tion Management is updating the ICE Contract and Acquisition
Procedures for the [wo IGSA Templates that address shared and dedicated facilities.
OAQ worked wim ORO Detention Management Unit to revise the Statement of Work
for the IGSA template and cnsure mat the Quality Assurance Surveillance Plans
reflected Detention Managemen t Unit's needs. This update will be completed in
March 2009.
..
2. Use Cost and Price Analys is:
• ICE Acquisition Contract Specialists are trained and follow the cost ana lysis and me
guidelines o f allowability outlined in Office of Management and Budget Circular A-
87 . In addition to cost analysis, price analysis is performed to support negoti ated bed
day rates. Price analysis includes reviewing facility bed day rales as compared to
othm in similarl y situated fac ilities and compares with rates oegl?liated by other
usen (both economically and demographics).
3. Create a plan to upd ate/replace United States Marshals Service (USMS), legacy
tmmigration and Naturalization Service (INS), and Office of Federal Detention Trustee
(OF DT) Intergovernmental Service Agreements:
Page 12
AppendixB
Management Comments to the Draft Report
Subject: ICE Response to DIG Draft Letter Report titled "ICE Detention Bed Space Management"
Page 3
Therefore, ICE requests that this recommendation be considered resolved and open pending
demonstration that the actions have been taken.
ICE Response to RecommeDdatioD 2: ICE concurs. The Ollice of AcquisitiQll Management and
the Office of Detention and Removal Operations are working to establish a robust Contract Offi cer
Technical Representative presence al detention faciliti~ both to monitor perfonnance and to review
invoices. The contracting officer is involved in any case where there i, an issue on proper payment
amounts. Aequisitions Management and Detention and Removal Operations have set up a process to
review Jail Cost Services Statements thoroughly when negotiating prices for bed space and related
services at Intergovernmental Service Agreements. Detention and Removal Operations and
Acquisitions Management will develop strategies for competition, cost, and price-based acquisitions.
They will also work together to identify facilities that are good candidates for consolidation and
competition.
Finally, ICE places a high priority on providing adequate and constructive training to the agency's
Contract Officer Technical Representatives, in order to better equip them to constructively review
the bedspace invoices received from its Intergovernmental Service Agreements. This will ensure the
agency pays only for the services received. Likewise, Detention and Removal Operations is
currently recruiting Contract Officer Technical Representatives in order to provide additional
oversight at ICE detention facilities. At present, ICE plans to recruit twenty-six 'Contract Officer
Technical Representatives in IT 2009 to improve contract monitoring and financial con trols.
In light of these answers, ICE requests that this recommendation be considered resolved and open.
OlG R«omm eadatioD 3: "Improve data gathering and analysis capabilities to support forecasting
of requirements and to determine the most cost-effective means for acquiring detention bed space."
Page 13
AppendixB
Management Comments to the Draft Report
Suhjccl: ICE Response to OIG Dren Lc:ner Rcportllthld "[CE DetentIOn Bl-d Space Management"
Page 4
ICE Rl'5ponst' 10 Rl't"om me ntlulio n J: let:. concurs. I E has already begun to Implement this
rccommcndntion. as eVIdenced lIS ImpkmcnUlIion of the ICE IllIegraled Decision Support system H1
August 2008 DetenlLon afld Renln\ 01 Opemtions analysts combine the qualitative infomllltion
dr.tl' n from monthly cnplU:ilY plunnH18 mcellnS!' with the quan hlllhl'c information Ihal l lOS
generates, in an effort 10 nUl).:" arrest and detcntio!! foteCASl$, "hleh in tunl better equips them for
ullalYling trends in arrest and detention sll1tiJ';tics.
Moreover. to further improve [CF's analytlca) capllb;lity. Detcntloo and RemovlI) Operations will
conduct an annual cost dflt!l :'I1I:Jlyses of facility daily mt(:S and rt"luloo services. These coS! data
wtu[yses Clllllhen be meorpomtoo into current bed space fOn.OCllSt5 and cvaluation models to more
accurately forc-cast hudget needs and facilitate cosl-based decision.making, pending completion.
operate an interim system 10 Improve short-tCTm deciSion-making.
Thus. ICE requC'Sls that this recommendution be consIdered resolved and open pending completion
of u first subsequent reporting \0 OIG.
Should you have questions or concents, please contact MUTgurite Bames. OIG portfoliD manager at
(202) 732-41 61 or bye-mail at Mar~untc.BamcSal\dhs. gov.
Page 14
Appendix C
FY 2007 ICE SBI-related Contract Actions in Excess of $20 Million
Contract
Contract Action Contract Action Effective Action Dollar
Number Vendor Name Description Date Amount
Total $71,569,439
Page 15
Appendix D
Major Contributors to this Report
Page 16
Appendix E
Report Distribution
Secretary
Deputy Secretary
Chief of Staff for Operations
Chief of Staff for Policy
Acting General Counsel
Director, GAO/OIG Liaison Office
Assistant Secretary for Office of Policy
Assistant Secretary for Office of Public Affairs
Assistant Secretary for Office of Legislative Affairs
Assistant Secretary, Immigration and Customs Enforcement
Director, United States Citizenship and Immigration Services
DHS Audit Liaison
ICE Audit Liaison
CIS Audit Liaison
Congress
Page 17
ADDITIONAL INFORMATION AND COPIES
To obtain additional copies of this report, please call the Office of Inspector General (OIG) at (202) 254-4199 ,
fax your request to (202) 254-4305, or visit the OIG web site at www.dhs.gov/oig.
OIG HOTLINE
To report alleged fraud , waste, abuse or mismanagement, or any other kind of criminal or noncriminal
misconduct relative to department programs or operations:
• Email us at DHSOIGHOTLlNE@dhs.gov; or
• Write to us at:
DHS Office of Inspector General/MAIL STOP 2600,
Attention: Office of Investigations - Hotline,
245 Murray Drive, SW, Building 410,
Washington , DC 20528 .
The OIG seeks to protect the identity of each writer and caller.