ICE to Improve Detention Alternative Program, Contractor Oversight After GAO Probe

A new report from the Government Accountability Office (GAO found potential improvement areas for Immigration and Customs Enforcement (ICE) in program performance evaluation and contractor oversight. According to the watchdog, ICE signed a $2.2 billion deal with contractors to administer the program but failed to maintain consistent oversight tied to performance goals.

GAO officials reviewed internal policies, performance reports, and contracts associated with ICE contractors from November 2014 through 2020. The review included interviews with ICE officials and contractor personnel. The report subsequently examines (1) program participation data; (2) the extent to which ICE has assessed program performance; (3) and how ICE managed and oversaw the program contractor.

Alternatives to Detention (ATD) is a monitoring program that ICE uses to manage tens of thousands of undocumented migrants in the United States. ATD offers these individuals an alternative to custody. The program also ensures compliance with release requirements and aids authorities in monitoring individuals either through a tracking system or home visits. However, according to GAO, ICE has not assessed the program’s effectiveness or ensured the contractor tasked with administering ATD adheres to agency standards.

Some program data points ICE collected include whether participants attend their scheduled court hearings, reasons to enroll and unenroll, absconsion rates, and referrals to mental health professionals or community services. Though ICE developed a performance goal for fiscal year 2022, the GAO report found that agency officials continually failed to assess performance outcomes and repealed by oversight measures to allow the contractor to make autonomous decisions concerning referrals and services.

Despite this error, ICE provided oversight to the contractor in other areas, according to the watchdog. For instance, ICE conducted weekly audits to ensure that ATD participants received the supervision and support they needed. At the same time, these audits did not consider established contract performance standards, nor did they track the contractor’s progress toward resolving issues it identifies.

To address data collection and oversight issues, GAO made the following recommendations:

  • Develop a record system for contractor assessments;

  • Monitor contractor oversight reviews to ensure policy adherence;

  • Establish measurable program performance goals for contractors;

  • Provide data on absconsion rates based on the population of both active and unenrolled participants when reporting externally;

  • Explain the methodology in calculating absconsion statistics when reporting absconsion statistics externally;

  • Oversee and document the contractor’s data collection and quality assurance in accordance with contracts;

  • Ensure contractors address and resolve audit issues and that ICE documents their resolution; and,

  • Verify whether contractors provide the required legal orientation presentations to program participants.

The Department of Homeland Security (DHS) endorsed GAO’s recommendations to improve program management, monitoring, and enhanced contractor oversight. DHS stated that it expects ICE to begin implementing the recommendations by October 2022 with work completed by June 2023.

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