Detailed Information on the
Immigration and Customs Enforcement: Detention and Removal Assessment

The FY 2008 President's Budget request includes an increase of $87.4M. This amount will be used to expand the program's initiatives to improve performance by increasing the number of removals compared to the number of final orders of removal issued to meet the annual target.

To ensure collection of critical performance data to accomplish the program's long-term goals, DRO will develop new performance measures and targets for its subprograms.

To expedite the removal process, the program will continue to use the Electronic Travel Document (ETD) system and will seek cooperation from more foreign governments to expand the issuance of travel documents for alien removal through ETD.

Implement training to reduce expenditure on Prompt Payment Interest Penalties, the program will train all headquarters and field offices in a standard procedure for the payment of contract invoices. Invoices will be tracked in a database and reviewed by management.

Collaborate with the U.S. Department of Justice to post statistical data on alien deaths in ICE custody to the Bureau of Justice Statistics (BJS) website and publications. This will enhance the transparency of information regarding deaths in immigration custody, while enabling an "apples to apples" comparison of ICE mortality statistics to those of the Federal Bureau of Prisons (BOP) and state and local correctional facilities.

Implement a National Detainee Handbook In an effort to inform detainees of the general rules, regulations, policies and procedures that ICE detainees are required to follow while in custody. The handbook will provide an overview of the programs and services available to ICE detainees regardless of detention location. The handbook will be disseminated to all ICE detainees, and field offices will ensure that all new detainees are provided a copy.

Provide on-site detention standards compliance monitors within selected detention facilities to improve the delivery of detention services to ICE's detained population. These compliance monitors will identify areas of concern and help facilities correct issues that may become more problematic in the future. These monitors will be on-site at the top 40 (populated) detention facilities.

Reduce operational travel time and costs by installing the first phase of Video TeleConferencing (VTC) Units to various correctional facilities across the country. VTC will allow officers to conduct interviews with detained aliens from their respective Field Offices without having to travel to these facilities for a personal interview. The installation of VTC equipment will dramatically reduce the amount of travel time to facilities that officers would have to do if VTC was not available.

Conduct large scale multi-jurisdictional operations throughout the country to target areas with a large number of fugitive aliens and especially criminal aliens. These large scale operations will act as a force multiplier by bringing several Fugitive Operations Teams together to concentrate resources in areas known to have large numbers of fugitives.

The Department has developed cost effectiveness measures for the program.

Measure: Percent of aliens removed from the United States based on the number of aliens detained during the same fiscal year.

Explanation:This measure illustrates the total number of aliens removed compared to the total number of aliens detained.

Measure: Number of completed removals

Explanation:This measure demonstrates the number of removals that were completed during the fiscal year.

Measure: Appearance Rates for Immigration Hearings

Explanation:This measure encompasses those aliens that have been scheduled to appear before an immigration judge and have appeared as ordered.

Measure: Appearance Rates for Removal

Explanation:This measure illustrates the percentage of aliens removed in the same fiscal year their final order was issued.

Measure: Average cost to supervise aliens in the Intensive Supervision Appearance Program.

Explanation:This measure indicates the average cost to supervise aliens in the Intensive Supervision Appearance Program (ISAP). The cost is determined by multiplying the average length of time aliens participate in ISAP by the cost per day to supervise each of those aliens.

Measure: Number of charging documents issued (CDI).

Explanation:The Criminal Alien Program measures its performance by the number of charging documents issued annually. A charging document is the written instrument prepared to initiate removal proceedings on an alien.

Measure: Percent of ICE detention facilities in compliance with the National Detention Standards.

Explanation:Number of detention facilities in compliance (a rating of Acceptable or better) during the fiscal year divided by the number of detention facilities inspected in the same year. An independent contractor inspects ICE detention facilities to determine compliance with standards originally set by ICE. These facilities include Service Processing Centers, Contract Detention Facilities and state, local and county jails used via Inter-governmental Service Agreements.

Is the program purpose clear?

Explanation: The mission of the Detention and Removal Program (DRO) is to promote public safety and national security by ensuring the departure from the United States of all removable aliens through the fair and effective enforcement of the nation's immigration laws. This includes all aliens that receive final orders of removal from an immigration judge and meet the following criteria: 1) They are not currently serving a criminal sentence; 2) They do not qualify for Temporary Protective Status; 3) They are from a country with whom the United States has a repatriation agreement. DRO serves as the last critical step in the immigration enforcement process. Other programs such as the U.S. Border Patrol, Immigration Inspections and Immigration Investigations identify and apprehend aliens in violation of immigration law. However, DRO manages those cases through immigration proceedings and then conducts the final removal of the alien.

Evidence: Detention and Removal Strategic Plan

Does the program address a specific and existing problem, interest, or need?

Explanation: The primary goal of the Detention and Removal Program is to remove all aliens not entitled to be in the United States. Case management involves placing aliens in proceedings to determine whether they are allowed to remain in the United States or must leave. Approximately 400,000 aliens have received final orders of removal but are not confirmed to have departed the United States. In order to improve removal rates, the Detention and Removal Program employs several tools, including the detention of certain aliens to ensure removal. However, when a final order of removal is not confirmed, DRO must act through activities, such as Fugitive Operations, to locate and apprehend those aliens who have remained beyond their removal order. The United States has a growing criminal alien population that poses a potential threat to both public safety and national security. These aliens are convicted of deportable crimes and may even be issued orders of removal by an immigration judge. Their removal from the country is essential to ensure public safety and national security.

Evidence: Detention and Removal Strategic Plan

Is the program designed so that it is not redundant or duplicative of any Federal, state, local or private effort?

Explanation: The Detention and Removal Program is the only program in government that removes aliens with final orders of removal. Aliens are identified and apprehended by other programs such as Immigration Investigations, the Border Patrol, and Immigration Inspections. Aliens may also be identified by state and local law enforcement jurisdictions. However, DRO is the only entity to manage their cases through immigration proceedings and then execute final orders of removal that are issued by an immigration judge. DRO utilizes other entities to assist in their detention responsibilities, including the Federal Bureau of Prisons (BOP), and the United States Marshal Service (USMS). DRO's approach to case management must be multi-pronged to address a diverse population of aliens. This includes detaining some aliens, releasing others with certain conditions, and placing others in alternative settings such as female facilities, family shelter care, halfway houses, or under electronic monitoring. Those held in detention have requirements that differ from traditional incarceration. ICE detainees are held for purely administrative processing. The standards of their confinement require that they have what is needed to understand their rights and participate fully in the immigration process. Unlike criminal cases, they do not have the right to an attorney provided at government expense. Consequently, they must have access to legal materials, communication with consular officials, and pro bono or hired counsel, where appropriate.

Evidence: Detention and Removal Strategic Plan

Is the program design free of major flaws that would limit the program's effectiveness or efficiency?

Explanation: There is no evidence that another approach would be more efficient or effective in removing all aliens not entitled to be in the U.S. Although recent increases in workload (apprehensions, incarcerated criminals, etc) for DRO has outpaced certain staffing increases, the Program is well organized to perform its mission to remove aliens. DRO has undertaken several integrated initiatives to decrease the backlog of cases such as dedicated Fugitive Operations teams, a Most Wanted list, and various Alternatives to Release pilot programs. These illustrate a more sophisticated approach to backlog reduction.

Evidence: Detention and Removal Strategic Plan

Is the program effectively targeted, so program resources reach intended beneficiaries and/or otherwise address the program's purpose directly?

Explanation: DRO is designed by program activities. Resources for these activities are coded so that expended funds and positions can be tracked to specific activities. This ensures that resources are utilized directly for their intended purpose. There are currently six program elements under DRO for tracking resources: Alternatives to Detention, Case Management, Custody Management, Fugitive Operations, Institutional Removal Program (IRP), and Transportation & Removals Management.

Evidence: DRO internal tracking, Definition of Program Elements

Does the program have a limited number of specific long-term performance measures that focus on outcomes and meaningfully reflect the purpose of the program?

Explanation: The program has engaged in an extensive strategic and business planning process and has developed outcome goals and measures for the program. The ultimate goal of the Detention and Removal Program is to remove all removable aliens from the United States. This measure illustrates the desired outcome of completing the immigration enforcement process. The outcome is measurable because it is possible to count the number of final orders of removal that are issued and then compare them to the number of removals completed within the same time period. DRO also has measures that represent subsets of the removable alien populations that are addressed by different initiatives. DRO is developing efficiency measures such as appearance rates for immmigration proceedings and removals. These measures will demonstrate improvement in the weaker areas of the removals process.

Evidence: Detention and Removal Strategic Plan Six-Year Business Plan

Does the program have ambitious targets and timeframes for its long-term measures?

Explanation: The program has developed an ambitious "golden measure" goal of having the number of final order removals excecuted and the number of final orders of removal issued equal one. Along with this overarching goal are a number of other performance indicators that have been developed to monitor progress in achieving that goal. The program has set milestones and targets so that by the end of FY 2009, it will reach a 100% removal rate and will eliminate the fugitive population. This will require not only increasing the productivity rate for removals, but also establishing and strengthening initiatives that impede the growth of the fugitive population. DRO will also increase its capacity to identify, process, and remove criminal aliens among the incarcerated population. Each of these milestones has been laid out in the DRO six-year business plan.

Evidence: Detention and Removal Strategic Plan Six-Year Business Plan

Does the program have a limited number of specific annual performance measures that demonstrate progress toward achieving the program's long-term measures?

Explanation: DRO has developed a six-year business plan (FY2004-2009) to implement its strategic plan with annual milestones and targets. This business plan will accompany the program's FY 2005 budget submission in June 2003. This plan focuses on each of the program's priorities and lists annual increments of productivity necessary so that the combined efforts of each priority will lead to fulfillment of the overall DRO strategic goal by the end of FY 2009. The business plan will also define the resources needed to reach each successive increment of productivity. As part of the strategic and business plan development for this program, a number specific goals have been developed that will show progress towards achieving the stratgic goal of the program.

Evidence: Six-Year Business Plan

Does the program have baselines and ambitious targets and timeframes for its annual measures?

Explanation: DRO has established annual targets and milestones so that by the end of FY 2009, it will have established a 100% removal rate and will have eliminated the backlog of fugitive aliens. These targets were established using baseline data collected in the drafting of the Detention and Removal Strategic Plan. They are ambitious, requiring the program to more than double its productivity in a six-year period. All relevant components of the business process for detaining and removing removable aliens have been baselined and ambitious targets established for annual measures.

Evidence: Monthly GPRA Reports (Removals & Custody Management) Six-Year Business Plan

Do all partners (including grantees, sub-grantees, contractors, cost-sharing partners, etc.) commit to and work toward the annual and/or long-term goals of the program?

Explanation: DRO must partner with other immigration programs for enforcement resources to be employed most effectively. DRO has identified a position to liaison with the Bureau of Customs and Border Protection. However, the new structure has not been in place long enough to demonstrate significant results. DRO continues to work closely with state and local law enforcement in the areas of IRP and Fugitive Operations. The Law Enforcement Support Center (LESC) also acts as a conduit for communication to state and local law enforcement so that the DRO activities can be accomplished in a more efficient and effective manner. DRO has also implemented the Detention Management and Control Plan (DMCP) to ensure the compliance of contracted facilities with those standards required for alien confinement. Detention facilities are inspected annually against the 37 standards. Regarding removals goals, DRO must partner with the Executive Office of Immigration Review and the ICE Office of the Principal Legal Advisor (OPLA) to be sure that cases are processed efficiently and that DRO is aware of removal orders as soon as they are issued. To address weaknesses in these areas DRO is conducting a pilot program in Hartford, CT, where ICE officers have access to the courtrooms where immigration hearings take place. Likewise, the OPLA constructed its FY05 budget request stressing the integration of its performance with DROs case management performance. This will help to balance the workload between the two offices and provide greater effectiveness overall.

Evidence: DRO Strategic Plan Monthly GPRA Reports (Custody Management)

Are independent and quality evaluations of sufficient scope and quality conducted on a regular basis or as needed to support program improvements and evaluate effectiveness and relevance to the problem, interest, or need?

Explanation: Until March 2003 (due to transition to DHS), the legacy INS Office of Internal Audit (OIA) provided regular reviews of DRO components. OIA conducted briefings on findings with field and HQ managers, as well as provided written reports of findings. OIA actively tracks all open recommendations from program assessment findings, IG audits, and GAO investigations. The Office of the Inspector General, Department of Justice produced reports on aspects of immigration detention and removal. It is assumed that the OIA function will still occur and that a DHS Inspector General will conduct follow-up reviews to what had been initially reported by the Department of Justice. GAO reviews have also been conducted on the major portions of this program.

Evidence: INSpect Review Guides for Detention and Removal, OIA program assessment reports, "Review of Operations" prepared legacy INS Office of Internal Audit DOJ IG Reports [I-2003-004 - INS' Removal of Aliens Issued Final Orders, I-2001-009 - Unaccompanied Juveniles in INS Custody, I-2001-005 - INS Escort of Criminal Aliens, 02-41 - INS Institutional Removal Program], multiple GAO reportes (1988 -- present).

Are Budget requests explicitly tied to accomplishment of the annual and long-term performance goals, and are the resource needs presented in a complete and transparent manner in the program's budget?

Explanation: DRO has developed a six-year business plan to accompany its FY 2005 budget formulation. The business plan addresses each of the program's priorities and identifies annual milestones and targets leading to fulfillment of the strategic goal in FY 2009. The outcomes shown in the business plan are the basis for determining the resource requirements. The desired outcomes are identified first and the required resources are then calculated based upon those outcomes. The business plan will be updated annually to inform budget requests.

Evidence: Six-Year Business Plan, Department of Homeland Security Budget Requests

Has the program taken meaningful steps to correct its strategic planning deficiencies?

Explanation: In FY 2001, the program initiated a strategic planning process. This included the assembly of a national working group representing all levels of the program. The group identified core business functions as well as strategic goals and objectives. The resulting ten-year strategic plan was implemented beginning in FY 2003. The working group continues to convene on a quarterly basis to refine performance measures, identify additional action items, and ensure adherence to strategic initiatives as the program transitions to the new Department of Homeland Security.

Evidence: DRO Strategic Plan

Does the agency regularly collect timely and credible performance information, including information from key program partners, and use it to manage the program and improve performance?

Explanation: The agency collects performance information on a monthly basis in the form of removal reports and detention reports. This information is generated by the Deportable Alien Control System (DACS) the primary data system for DRO. Other more complex data or data from other sources are generally collected and analyzed on a quarterly basis. Performance information is collected and reported monthly to the Program Manager and Head of the Agency. Corrective measures are implemented or emphasis placed on areas based on performance data. Briefings or one-on-one meetings held as needed. As DRO is the only entity to conduct final order removals, we only rely on our own data systems to track that information. Inspections of detention facilities are completed by DRO officers. Therefore, data to measure compliance goals would come directly from DRO, rather than a partner. When constructing its resource requirements, DRO also relies on information from other immigration enforcement programs such as the Border Patrol. Any increase in Border Patrol resources will mean additional apprehensions generating greater demand for bed space, case management and removal resources. Therefore, DRO must use information from other programs to illustrate its piece of the information process. Generally, the information is gathered from planning and budget counterparts in those programs.

Evidence: Monthly Removals Report Monthly Detention Report, Monthly Performance Reports

Are Federal managers and program partners (grantees, subgrantees, contractors, cost-sharing partners, etc.) held accountable for cost, schedule and performance results?

Explanation: Traditionally, fulfillment of GPRA performance goals have been a critical element of Performance Work Plans (PWP) for program and field managers, thereby requiring their accountability regarding performance. It is anticipated that PWPs under the new Department will contain similar, or more likely enhanced, accountability features. Additionally, the DMCP ensures the compliance of detention program partners regarding ICE standards. Adherence to those standards promotes the timely processing of detained aliens, thereby supported the fulfillment of DRO removal goals. Since the implementation of the new program elements, DRO has been able to collect resource data related to the program activities. The Federal Financial Management System (FFMS) provides the financial data. The National Finance Center and our Position Tracking System provide personnel data. This data collection method began in FY 2003 and is being used to identify a baseline. The data is also under evaluation to determine that the methodology is sound and understood by the users. As these new accounting procedures are refined, DRO will be able to ensure manager accountability by cost, schedule, and corresponding performance results.

Evidence: DRO Internal tracking, Definition of Program Elements

Are all funds (Federal and partners') obligated in a timely manner and spent for the intended purpose?

Explanation: DRO does obligate funds in a timely manner based upon spending plans and operational requirements. To better identify the link between specific activities and expenditures, DRO has introduced six new program elements. These were implemented in FY 2003 and will be used to establish a baseline that can be referenced in future budget and planning exercises. By having access to a greater level of financial detail, DRO management will increase the reliability and effectiveness of their decision-making.

Evidence: Various FFMS Reports DRO Internal tracking, Definition of Program Elements

Does the program have procedures (e.g., competitive sourcing/cost comparisons, IT improvements, approporaite incentives) to measure and achieve efficiencies and cost effectiveness in program execution?

Explanation: DRO has simplified its management structure as part of its transition to the Department of Homeland Security, removing two management layers. Bed space, a major cost category, is acquired competitively and in the case of Inter Governmental Service Agreements, a financial contractor will evaluate proposals. Program activities are reviewed for efficiency and initiatives begun to implement improvements. Examples are the Removals and Escort Country Clearance (RECC) system, centralized ticketing, alternatives to detention and video teleconferencing. Efficiency and effectiveness are also measured through long-term and annual performance measures that are consistent with the Strategic Plan. DRO is currently developing an efficiency measure in the form of appearance rates for immigration hearings and for removal. The data for this measure is not yet easily available, but the Program has recognized the importance of this information to measure progress toward our goals and the overall performance of our strategic initiatives. The effect that an initiative has on appearance rates will demonstrate its success toward eliminating the growth of the absconder population. Since June 9, 2003, DRO has been an autonomous program and can take a more active approach to improving efficiencies. To do this, DRO has implemented pilot programs such as the one in Hartford, CT and another at Rikers Island, New York. The Rikers Island pilot involves full ICE staffing at that facility for 90 days to determine the resource requirements for ICE to provide nationwide Institutional Removal Program coverage of all incarcerated aliens. Both pilots will also document best practices that can be employed in other parts of the country. With the final reports from each pilot, ICE will make more informed resource requests and deployment decisions.

Evidence: DRO Strategic Plan , DRO Organizational Chart Six-Year Business Plan

Does the program collaborate and coordinate effectively with related programs?

Explanation: Coordination with other related programs is key to management of the Detention and Removal Program, as the outputs of immigration law enforcement activities become the inputs to removal proceedings. The transition to the new Department of Homeland Security has made coordination with other programs more critical as DRO customers are now located in different bureaus within Homeland Security. To improve collaboration, DRO has taken a series of steps. First, the program's field structure is geographically aligned with that of the Investigations program. This will make ICE field level coordination smoother. Additionally, DRO has created a liaison position with the Bureau of Customs and Border Protection. Finally, DRO is coordinating its budget submission for FY 2005-2009 so that it reflects the projected productivity of the other immigration enforcement programs. The program, however, still does not coordinate effectively (and does not have signed MOUs) for two critical areas of operations: unaccompanied juvenile detention with the Office of Refugee Resettlement (ORR), Department of Health and Human Services (HHS); and the procurement of non-federal detention space through the Office of Federal Detention Trustee (OFDT).

Evidence: ICE Organizational Chart DRO Organizational Chart DRO FY05-09 Budget Submission

Does the program use strong financial management practices?

Explanation: DRO program is free of material internal control weaknesses reported by auditors, and the financial information related to the program is accurate and timely.

Evidence: Independent Auditor's Report on Internal Controls, Definition of Program Elements, INSpect review reports, DOJ IG review of bond management (# I-98-18)

Has the program taken meaningful steps to address its management deficiencies?

Explanation: DRO has taken several steps to reduce its management deficiencies. First, the program has introduced additional program elements to better track resources by activity. It has also established a six-year business plan to implement its strategic plan and link project performance with resource requirements. Through the transition to the Department of Homeland Security, DRO has reduced layers of management and streamlined its operational chain of command. This new structure will expedite communication between the field and Headquarters, thereby increasing the accountability of individual managers. Additionally, corrective action is taken on deficiencies found through internal reviews, program assessments by Internal Audit, IG audits, and GAO investigations. Internal Audit conducts briefings on findings with field and HQ managers, as well as providing written reports of findings. The Office of Internal Audit actively tracks all open recommendations of program assessment findings, IG Audits, and GAO investigations. The Program's strategic and business planning efforts have been significant and have addressed all the major program performance issues of DRO. Results have yet to be demonstrated, however, since the implementation of the new plan is just beginning.

Evidence: Definition of Program Elements DRO Organizational Chart Internal Audit program assessment reports "Review of Operations" prepared by legacy INS Office of Internal Audit

Has the program demonstrated adequate progress in achieving its long-term outcome performance goals?

Explanation: The ultimate goal of the Detention and Removal Program is to remove all removable aliens. This includes all aliens that receive final orders of removal from an immigration judge and meet the following criteria: 1) They are not currently serving a criminal sentence; 2) They do not qualify for Temporary Protective Status; 3) They are from a country with whom the United States has a repatriation agreement. DRO has increased its number of removals each year for the last few years and continues to work with the State Department to obtain approval for the removal of aliens to countries that are reluctant to accept their returned citizens. With the implementation of its Strategic Plan, DRO developed additional measures to include the number of final orders issued. With future emphasis on fugitive operations, criminal aliens and alternatives to detention, it is expected that the appearance rate of aliens at proceedings will increase significantly.

Evidence: DRO Strategic Plan Six-Year Business Plan

Does the program (including program partners) achieve its annual performance goals?

Explanation: In recent years, DRO has met its annual performance goals. DRO is also on track to meets its goals for FY2003. These goals were developed over time as DRO conducted a lengthy and comprehensive strategic planning process. The resulting strategic plan will be viewed as a living document and program goals may evolve to an even more mature level as the program itself progresses.

Evidence: Monthly GPRA Reports (Removals & Custody Management)

Does the program demonstrate improved efficiencies or cost effectiveness in achieving program performance goals each year?

Explanation: DRO continually strives to keep detention per capita costs, the major component of the program budget, down. Financial professionals review bed cost proposals to determine if they are reasonable. DRO also utilizes free Bureau of Prisons bed space when available and appropriate.

Evidence: Monthly GPRA Reports (Removals & Custody Management)

Does the performance of this program compare favorably to other programs, including government, private, etc., that have similar purpose and goals?

Explanation: Core elements of a federal law enforcement entity that detains individuals can be used to cpmpare DRO to others. The presence of 400,000 absonders demonstrates that it does not meet the requirements of a yes answer.

Evidence: Department of Justice Annual Performance Report

Do independent and quality evaluations of this program indicate that the program is effective and achieving results?

Explanation: Components of the Detention and Removal Program have been reviewed regularly by the legacy INS Office of Internal Audit (OIA). DRO has also been the subject of four reports by the Office of the Inspector General, Department of Justice. The reports have generally identified areas for improvement in areas such as the Institutional Removal Program (responsibility shared with Investigations), the removal of non-detained aliens with final orders of removal, and the escort of criminal aliens. Where changes in policy or procedures can be accomplished, those recommendations have been implemented. In many cases the corrective action requires additional resources and planning for those enhancements is coordinated with the budget process. DRO strategic planning efforts have addressed each of these issues and resource requests for FY 2005-2009 will focus on strengthening these particular areas.

Evidence: INSpect reviews, "Review of Operations" - prepared by legacy INS Office of Internal Audit